Order Amending the Schedule to the First Nations Elections Act (Ocean Man): SOR/2021-54

Canada Gazette, Part II, Volume 155, Number 8

Registration
SOR/2021-54 March 26, 2021

FIRST NATIONS ELECTIONS ACT

Whereas the council of the Ocean Man First Nation adopted a resolution, dated June 5, 2020, requesting that the Minister add the name of the First Nation to the schedule of the First Nations Elections Act footnote a;

Therefore, the Minister of Indigenous Services, pursuant to section 3 of the First Nations Elections Act footnote a, makes the annexed Order Amending the Schedule to the First Nations Elections Act (Ocean Man).

Gatineau, March 23, 2021

Marc Miller
Minister of Indigenous Services

Order Amending the Schedule to the First Nations Elections Act (Ocean Man)

Amendment

1 The schedule to the First Nations Elections Actfootnote a is amended by adding the following in numerical order:

First Election Date

2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ocean Man First Nation is fixed as June 1, 2021.

Coming into Force

3 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 June 5, 2020, the council of the Ocean Man First Nation, in Saskatchewan, has requested by way of a resolution to opt into the First Nations Elections Act. To date, the First Nation was electing its chief and council based on its own community leadership selection process.

Background

A First Nation that selects its chief and council by following its own leadership selection process under a community or custom election code can change its electoral system and request, by adopting a band council resolution, to opt into the First Nations Elections Act. Section 3 of the First Nations Elections Act provides authority for the Minister of Indigenous Services 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 that Act.

By choosing to hold its elections under the First Nations Elections Act, the custom election rules and procedures of the Ocean Man First Nation, insofar as they are not compatible with the First Nations Elections Act, become null and void. Should, at a later time, the First Nation wish to return to holding elections under its own custom election rules and procedures, a community election code would need to be developed, and that code would need to be approved by a majority of the votes cast in a secret vote in which a majority of the electors of the First Nation participated, as per section 42 of the First Nations Elections Act.

Objective

The Order Amending the Schedule to the First Nations Elections Act (Ocean Man), made pursuant to section 3 of the First Nations Elections Act, adds the First Nation to the schedule to the First Nations Elections Act, thereby confirming that the First Nation's elections are held under that Act. The Order also fixes the date of the first election of the council under the Act at June 1, 2021.

Description

The addition of the Ocean Man First Nation to the schedule to the First Nations Elections Act has been made by order of the Minister of Indigenous Services, pursuant to section 3 of the First Nations Elections Act.

After having held community discussions and consultations, the council of the Ocean Man First Nation signalled its decision to opt into the First Nations Elections Act by adopting a band council resolution asking the Minister of Indigenous Services to add the name of the First Nation to the schedule to that Act.

Regulatory development

Consultation

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

The Chief and council adopted a band council resolution requesting that the Minister of Indigenous Services add the name of the First Nation to the schedule to the First Nations Elections Act after consulting the membership through community meetings and information sessions. The First Nation believes that the adoption of the First Nations Elections Act is in the best interest of the community to ensure governance stability until such time as a comprehensive and suitable community election code is developed, ratified and implemented.

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 Ocean Man First Nation. This initiative does not require the Government of Canada to fulfil any consultation/engagement requirements described in a modern treaty.

Instrument choice

Non-regulatory options were not considered, as section 3 of the First Nations Elections Act provides the necessary authorities for the Minister of Indigenous Services to add the Ocean Man First Nation to the First Nations Elections Act.

Regulatory analysis

The Order Amending the Schedule to the First Nations Elections Act (Ocean Man) is carried out in response to a request from the Ocean Man First Nation, who wishes to hold its band council elections under the First Nations Elections Act and associated Regulations.

First Nation leaders elected under the First Nations Elections Act and its Regulations will have increased legitimacy among the members within its own community and among potential investors and stakeholders. This increased legitimacy is a contributing factor in attracting partnerships and investments that will benefit the First Nation as a whole.

Benefits and costs

There are no costs associated with adding First Nations to the schedule to the First Nations Elections Act.

First Nations who move to the First Nations Elections Act will realize cost savings from only having to hold a general election every four years. A significant portion of the total cost incurred for an election is to compensate the electoral officer for his or her time and, in some cases, to cover travel expenses. In addition, there are costs incurred for printing materials, notices and ballots, for postage, envelopes, general office supplies, rental space for off-reserve polling stations, ballot boxes and voting screens.

These savings could be redirected to further governance improvements within the First Nation. With longer terms of office, First Nations governments will be better positioned to plan and implement longer-term measures that in themselves could result in overall cost savings. For example, goods or services acquired through contractual agreement tend to be less costly if the agreement is over a longer period.

Small business lens

The small business lens does not apply to this initiative, as it does not result in any costs for small businesses.

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 businesses.

Regulatory cooperation and alignment

Given that opting into the First Nations Elections Act is made at the request of the Ocean Man 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 Ocean Man First Nation no longer wishes to hold elections under its community election code. The First Nation is being added to the schedule of the First Nations Elections Act at the request of the council, which believes that the First Nations Elections Act presents a better electoral option that will benefit its community.

Implementation, compliance and enforcement, and service standards

There are no compliance and enforcement requirements and no implementation or ongoing costs which can be directly associated with amending the schedule to the First Nations Elections Act.

In compliance with the First Nations Elections Act, the conduct of elections and disputes arising from them are the responsibility of the Ocean Man 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
Indigenous Services Canada
Email: yves.denoncourt@canada.ca