Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk): SOR/2026-86

Canada Gazette, Part II, Volume 160, Number 11

Registration

SOR/2026-86 May 13, 2026

FIRST NATIONS ELECTIONS ACT

Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk)

Whereas by order of the Minister of Indian Affairs and Northern Development SOR/2017-152 of June 23, 2017, it was declared that the council of the Sakimay First Nations, in Saskatchewan, shall be selected by elections to be held in accordance with the First Nations Elections Act footnote a;

Whereas, by First Nation council resolution dated July 18, 2018, the name of the First Nation was changed to Zagimē Anishinabēk;

Whereas the council of that First Nation has provided to the Minister of Indigenous Services a resolution, adopted on July 8, 2025, requesting that the application of the First Nations Elections Act footnote a to that council be terminated;

Whereas the council of that First Nation has provided to the Minister a proposed community election code that sets out rules regarding the election of the chief and councillors of that First Nation;

Whereas the request to the Minister and the proposed code were approved by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated;

Whereas the proposed code establishes a procedure for its amendment and has been published by that First Nation on a website maintained by or for it;

And whereas there are no outstanding charges under the First Nations Elections Act footnote a against any member of that First Nation;

Therefore, the Minister of Indigenous Services, pursuant to subsection 42(1) of the First Nations Elections Act, makes the annexed Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk).

Gatineau, May 12, 2026

Mandy Gull-Masty
Minister of Indigenous Services

Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk)

Amendment

1 Item 41 of the schedule to the First Nations Elections Act footnote a is repealed.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

Zagimē Anishinabēk, in Saskatchewan, wishes to select its Chief and Council based on its own community leadership selection process that was developed and ratified by the community.

On July 8, 2025, Zagimē Anishinabēk requested, by resolution of its Council, to opt out of the election regime of the First Nations Elections Act (the Act).

Background

A First Nation holding elections under the First Nations Elections Act can request, to the Minister of Indigenous Services, an amendment to the Schedule to the First Nations Elections Act, made pursuant to subsection 42(1) of the First Nations Elections Act.

The termination of the application of the First Nations Elections 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 (the Department) is satisfied that the First Nation has developed suitable election rules that establish a procedure for its amendment. Furthermore, the community’s election rules and the desire to convert to using them must have received the support of the majority of the members of the community. Subsection 42(1) of the First Nations Elections Act footnote 1 and Indigenous Services Canada’s Conversion to Community Election System Policy footnote 2 sets out the steps and the conditions under which a First Nation holding elections under the First Nations Elections Act can adopt a community election system.

Objective

The objective of this initiative is to

This initiative is limited to and of interest only to Zagimē Anishinabēk. 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 Schedule to the First Nations Elections Act (Zagimē Anishinabēk), made pursuant to subsection 42(1) of the First Nations Elections Act, revokes the application of the First Nations Elections Act for Zagimē Anishinabēk, and establishes that the First Nation will conduct future council elections under its own custom code.

Regulatory development

Consultation

Zagimē Anishinabēk held a ratification vote on April 29, 2025, to determine whether its members were in favour of the First Nation being removed from the First Nations Elections Act and of adopting the Zagimē Anishinabēk Election Act. A total of 664 electors cast ballots, and the number of votes in favour (417) exceeded the number of votes opposed (242). Five (5) votes were rejected.

Given that the Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk) is made at the request of Zagimē Anishinabēk, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.

Indigenous engagement, consultation and modern treaty obligations

There are no potential modern treaty implications, as this initiative responds to the needs and interests of Zagimē Anishinabēk. 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 subsection 42(1) of the First Nations Elections Act provides the necessary authority for the Minister of Indigenous Services to remove Zagimē Anishinabēk from the Act.

Regulatory analysis

The Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk) is carried out in response to a request from Zagimē Anishinabēk, 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 First Nations Elections Act. Henceforth, Zagimē Anishinabēk 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 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

This initiative is not under a regulatory cooperation work plan.

International obligations

This initiative does not impact international agreements.

Effects on the environment

This initiative has no potential for environmental effects.

Gender-based analysis plus

Community or custom leadership selection processes are often documented in a community’s election code, which provides the rules under which chiefs and councillors are chosen for those First Nations who are not under the First Nations Elections Act election rules. These codes vary depending on the First Nation and are often unique to the specific community. The Department is never involved in elections held under community or custom election processes, nor will it interpret, decide on the validity of the process, or resolve election appeals. However, the conversion process for custom codes requires a departmental review to ensure that the codes put forth abide by, and comply with, the Canadian Charter of Rights and Freedoms and jurisprudence related to First Nation elections and that a community election code must be approved by the majority of votes cast through a secret ballot in which at least 50% of all the voters of the First Nation participate. Once a custom code is implemented, the Department’s role is limited to recording the election results provided by the First Nation. Therefore, opting out of the First Nations Elections Act and into a custom code places more control in the hands of communities over their governance systems. This aligns with greater self-determination and supports the restoration of traditional forms of governance that respect and promote the voices of women, youth, elders and other community subgroups.

The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government. Therefore, the Department works with First Nation leadership to facilitate the transition governance systems that take into account specific circumstances and integral matters surrounding the culture and traditions of individual communities.

The traditional governance structures of many nations included women, elders, and youth in decision-making processes. For many communities, traditional leadership even followed a matriarchal line. Amendments to many legislative and regulatory initiatives have supported the restoration of women’s roles in decision-making and greater diversity of voices in Indigenous governance.

For example, women now make up more than a quarter of First Nations councillors. The percentage of women elected as councillors has increased since reporting began in 1992, from 21% to 27% in 2019, with a peak of 31% in 2008–2009. Also, close to one in five chiefs in First Nation communities are women. In 1992, 12% of chiefs in First Nation communities were women. Although the proportion increased to 20% in 2008, it declined slightly over the next several years and has remained relatively stable for more than a decade. While work remains to achieve gender parity in leadership roles within First Nations communities, elections held under a custom community code allow participation by any individual seeking leadership during the electoral process. This electoral system enables greater accessibility for electors who may be affected by barriers such as geographical distance and physical disability, and provides flexible time frames in which voting is made possible.

As the Department does not currently have any processes for tracking gender identities or sexual orientation of candidates, there is currently no data to reflect the number of 2SLGBTQQIA+ candidates. At this time, the Band Governance Management System (BGMS) has been updated to include two-spirit as an option under “Gender” for those elected officials who choose to identify themselves as such. This will allow for a further disaggregation of data as time goes on.

Rationale

The Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk) is made at the request of the Council of Zagimē Anishinabēk. The Zagimē Anishinabēk Election Act underwent a community ratification process, wherein a double majority of the votes cast by the First Nation’s electors were in favour of the amendment being proposed to the Schedule to the First Nations Elections Act 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 Zagimē Anishinabēk that its Chief and Council be selected by elections held in accordance with the First Nations Elections Act. Consequently, the Order Amending the Schedule to the First Nations Elections Act (Zagimē Anishinabēk) ensures that the elections of the Chief and Council can be held under the Zagimē Anishinabēk Election Act.

Implementation, compliance and enforcement, and service standards

Compliance with the Zagimē Anishinabēk Election Act, the conduct of elections and disputes arising from the elections are now the responsibility of Zagimē Anishinabēk.

Contact

Denis Poirier
Senior Director
Governance Services for First Nations Directorate
Governance Branch
Infrastructure and Governance Sector
Indigenous Services Canada
Email: Denis.Poirier3@sac-isc.gc.ca