Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek): SOR/2020-102
Canada Gazette, Part II, Volume 154, Number 11
Registration
SOR/2020-102 May 8, 2020
INDIAN ACT
Whereas, by Order in Council P.C. 6016 of November 12, 1951, it was declared that the council of the Whitefish Lake Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act footnote a;
Whereas, by band council resolution, dated April 4, 2007, it was resolved that the name of the band be changed to the Atikameksheng Anishnawbek;
Whereas the council of that First Nation adopted a resolution, dated February 10, 2020, requesting that the Minister of Indigenous Services 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 Indigenous Services, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek).
Gatineau, May 5, 2020
Marc Miller
Minister of Indigenous Services
Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek)
Amendment
1 Item 64 of Part V of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 Atikameksheng Anishnawbek First Nation, in Ontario, wishes to select its Chief and Council based on its own community leadership selection process that was developed and ratified by the community.
On February 10, 2020, the Atikameksheng Anishnawbek First Nation has requested, by resolution of its Council, to opt out of the election regime of the Indian Act.
Background
A First Nation holding elections under the Indian Act can request, to the Minister of Indigenous Services, an amendment to the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, to revoke the application of section 74 for the First Nation.
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 Indigenous Services when the Department of Indigenous Services 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 Freedoms. 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. Indigenous Services Canada’s 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.
Objective
The objective of this initiative is to revoke the application of the election provisions of the Indian Act for the Atikameksheng Anishnawbek First Nation through the Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek) made pursuant to subsection 74(1) of the Indian Act by the Minister of Indigenous Services.
This initiative is limited to and of interest only to the Atikameksheng Anishnawbek 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
The Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Atikameksheng Anishnawbek First Nation.
Regulatory development
Consultation
The process for adopting the Atikameksheng Anishnawbek Gimaakeng Naaknigewin election code involved significant community consultations between 2015 and 2019 to discuss the proposed election code. Between May 2015 and January 2018 numerous community consultations were held, including community meetings, one on one meetings and a social media account on Facebook to obtain comments from voters. Community consultations were resumed in 2019 with a number of meetings between the Chief and Council and the community to present the draft code, including implications of a conversion to a community election system, to lead discussions and to incorporate recommended changes to the proposed election code. One further meeting was held with the membership after the nomination of the electoral officer on December 16, 2019, to present the voting procedures.
On January 30, 2020, the Atikameksheng Anishnawbek 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 Atikameksheng Anishnawbek Gimaakeng Naaknigewin election code. A total of 124 electors cast a ballot at the ratification vote. The number of votes in favour exceeded the number of votes opposed by 19 (71 for, 52 against).
Given that the Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek) is made at the request of the Atikameksheng Anishnawbek First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.
Modern treaty obligations and Indigenous engagement and consultation
There is no potential modern treaty implication as this initiative responds to the needs and interests of the Atikameksheng Anishnawbek First Nation. This initiative does not require the Government of Canada to fulfil any consultations/engagement requirements described in a modern treaty.
Instrument choice
Non-regulatory options were not considered, as subsection 74(1) of the Indian Act provides the necessary authority for the Minister of Indigenous Services to revoke the application of section 74 for the Atikameksheng Anishnawbek First Nation.
Regulatory analysis
The Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek) is carried out in response to a request from the Atikameksheng Anishnawbek First Nation who wishes to hold its band council elections under its community election system.
Benefits and costs
There are no costs associated with the removal of First Nations from the election provisions of the Indian Act. Henceforth, the Atikameksheng Anishnawbek First Nation will assume full responsibility for the conduct of its entire electoral process. The Government of Canada is not involved in elections held under a community election process, nor will it interpret, decide on the validity of the process, or resolve election appeals. When a dispute arises concerning a community election process, it must be resolved according to the related provisions in a community’s election code, or by the courts.
Small business lens
The small business lens does not apply to this initiative, as it does not result in any costs for small business.
One-for-one rule
The one-for-one rule does not apply to this initiative, as it does not result in any administrative costs or savings to business.
Regulatory cooperation and alignment
Given that opting out of the electoral provisions of the Indian Act is made at the request of the Atikameksheng Anishnawbek First Nation, through resolution of its Council, this initiative is not under a regulatory cooperation work plan.
Strategic environmental assessment
This initiative has no potential for environmental effects.
Gender-based analysis plus
This initiative has no potential for gender-based analysis plus (GBA+) impacts.
Rationale
The Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek) is made at the request of the Council of the Atikameksheng Anishnawbek First Nation. The Atikameksheng Anishnawbek Gimaakeng Naaknigewin 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 future elections being conducted in accordance with that law.
Given the specific request by resolution of the First Nation’s Council, the Minister of Indigenous Services no longer deems it advisable for the good governance of the Atikameksheng Anishnawbek First 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 (Atikameksheng Anishnawbek) ensures that the elections of the Chief and Council can be held under the Atikameksheng Anishnawbek Gimaakeng Naaknigewin election code.
Implementation, compliance and enforcement, and service standards
Compliance with the Atikameksheng Anishnawbek Gimaakeng Naaknigewin election code, the conduct of elections and disputes arising from the elections are now the responsibility of the Atikameksheng Anishnawbek First Nation.
Contact
Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Indigenous Services Canada
Email: yves.denoncourt@canada.ca