Order Amending the Indian Bands Council Elections Order (Lac Seul): SOR/2026-132

Canada Gazette, Part II, Volume 160, Number 13

Registration
SOR/2026-132 June 17, 2026

INDIAN ACT

Whereas, by Order in Council P.C. 6016 of November 12, 1951, it was declared that the council of the Lac Seul Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act footnote a;

Whereas the council of that First Nation has provided to the Minister of Indigenous Services a resolution, adopted on February 23, 2026, requesting that the application of the Indian Bands Council Elections Order footnote b 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;

And whereas the 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 makes the annexed Order Amending the Indian Bands Council Elections Order (Lac Seul) under subsection 74(1) of the Indian Act footnote a.

Gatineau, June 16, 2026

Mandy Gull-Masty
Minister of Indigenous Services

Order Amending the Indian Bands Council Elections Order (Lac Seul)

Amendment

1 Item 1 of Part II of Schedule III to the Indian Bands Council Elections Order footnote b is repealed.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

Lac Seul, 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 23, 2026, Lac Seul 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 footnote 1 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

This initiative is limited to and of interest only to the Lac Seul. 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 (Lac Seul), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for Lac Seul, and establishes that the First Nation will conduct future council elections under its own custom code and fixes the date of the first election at November 13, 2026.

Regulatory development

Consultation

Lac Seul held a ratification vote over a period of 14 days, which closed on February 3, 2026, 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 Lac Seul First Nation Election Law. A total of 311 electors cast ballots, and the number of votes in favour (230) exceeded the number of votes opposed (80). One (1) vote was rejected.

As the Order Amending the Indian Bands Council Elections Order (Lac Seul) is made at the request of Lac Seul, it is not 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 is no potential modern treaty implication, as this initiative responds to the needs and interests of Lac Seul. 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 Lac Seul.

Regulatory analysis

The Order Amending the Indian Bands Council Elections Order (Lac Seul) is carried out in response to a request from Lac Seul, 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, Lac Seul 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

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

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 Indian 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. Once a Custom Code is implemented, the department’s role is limited to recording the election results provided by the First Nation. As such, opting out of the Indian 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. As such, the Department works with First Nations to facilitate the transition away from the Indian Act, a federally imposed governance system that does not take into account the specific circumstances and integral matters surrounding the culture and traditions of individual communities.

The traditional governance structures of many nations included women, elderly people, and youth in decision-making processes. For many communities, traditional leadership followed a matriarchal line. With the imposition of the Indian Act, the leadership roles of women, elderly people, and youth could have been undermined. Since the 1951 amendments to the Indian Act allowing women to participate within the governance structure, 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% by 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 Nation 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 timeframes 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 Indian Bands Council Elections Order (Lac Seul) is made at the request of the Council of Lac Seul. The Lac Seul First Nation Election Law 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 Lac Seul 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 (Lac Seul) ensures that the elections of the Chief and Council can be held under the Lac Seul First Nation Election Law.

Implementation, compliance and enforcement, and services standards

Compliance with the Lac Seul First Nation Election Law, the conduct of elections and disputes arising from the elections are now the responsibility of Lac Seul.

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