Vol. 134, No. 25 — December 6, 2000

Registration
SOR/2000-409 25 November, 2000

INDIAN ACT

Order Amending the Indian Bands Council Elections Order

Whereas it has been declared that the councils of the Adams Lake Indian Band, N'Quatqua Indian Band (formerly Anderson Lake Indian Band), Chawathil Indian Band, Matsqui Indian Band, Neskainlith Indian Band, North Thompson Indian Band, Skwah Indian Band, Squiala Indian Band, Sumas Indian Band, Siksika Nation, Sucker Creek Indian Band, Beardy's and Okemasis Indian Band, Muskeg Lake Indian Band, Nut Lake Indian Band, Ochapowace Indian Band, Pelican Lake Indian Band, Chemawawin First Nation, Cross Lake Indian Band, Nisichawayasihk Indian Band (formerly Nelson House Indian Band) and Norway House Indian Band should be selected by elections to be held in accordance with the Indian Act;

Whereas those bands have developed their own election codes and local community systems for selecting a chief and councillors;

Whereas conversion to a local community electoral system would better serve the needs of those bands;

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of those bands that elections of the councils of those bands be held in accordance with the Indian Act;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act, hereby makes the annexed Order Amending the Indian Bands Council Elections Order.

Ottawa, November 24, 2000

Robert D. Nault
Minister of Indian Affairs
and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER

AMENDMENTS

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 Item 1 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.

2. Item 6 of Part I of Schedule I to the Order is repealed.

3. Item 19 of Part I of Schedule I to the Order is repealed.

4. Item 49 of Part I of Schedule I to the Order is repealed.

5. Item 57 of Part I of Schedule I to the Order is repealed.

6. Item 60 of Part I of Schedule I to the Order is repealed.

7. Item 77 of Part I of Schedule I to the Order is repealed.

8. Item 84 of Part I of Schedule I to the Order is repealed.

9. Item 87 of Part I of Schedule I to the Order is repealed.

10. Items 9 and 10 of Part II of Schedule I to the Order are repealed.

11. Item 2 of Part III of Schedule I to the Order is repealed.

12. Item 20 of Part III of Schedule I to the Order is repealed.

13. Items 22 and 23 of Part III of Schedule I to the Order are repealed.

14. Item 26 of Part III of Schedule I to the Order is repealed.

15. Item 5 of Part IV of Schedule I to the Order is repealed.

16. Item 7 of Part IV of Schedule I to the Order is repealed.

17. Item 24 of Part IV of Schedule I to the Order is repealed.

18. Item 26 of Part IV of Schedule I to the Order is repealed.

COMING INTO FORCE

19. 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.)

Description

Ministerial Orders were issued purporting to remove 20 Indian bands from the application of the Indian Act election provisions between November 1993 and April 2000. Through an administrative oversight, those Orders were not registered as required under the Statutory Instruments Act. Therefore, those Orders did not come into force.

Section 74 of the Indian Act provides that whenever the Minister of Indian Affairs and Northern Development deems it advisable for the good government of a band, he may declare by order that after a day to be named therein the council of the band, consisting of a chief and councillors, shall be selected by elections to be held in accordance with the Act.

This Ministerial Order confirms the revocation of the application of the election provisions of the Indian Act and amends the Indian Bands Council Elections Order of March 4, 1997. The 1997 Order lists those bands which are subject to Indian Act elections.

Those bands have satisfied the Department's Conversion to Community Election System Policy.

Alternatives

In the absence of this Order, the bands cannot hold their leadership selection according to their community elections systems.

Benefits and Costs

Amendment of the Indian Bands Elections Order would ensure that those bands can operate their leadership selection process according to their own systems.

There is no cost consequence to remove those Bands from the Indian Bands Council Elections Order. Those First Nations assume full responsibility for the conduct of the entire electoral process.

Consultation

There was no consultation with the Department's partners with respect to this particular Order as it remedies an administrative oversight.

When the Custom Election Codes of those First Nations were originally being developed, the department provided some assistance in explaining the requirements of the Conversion to Community Election System Policy which in turn, fulfilled Canada's commitment to strengthen aboriginal governance in its Gathering Strength: Canada's Aboriginal Action Plan's initiative.

Compliance and Enforcement

By failing to register this Ministerial Order, the administrative oversight will not be remedied and thereby, those First Nations cannot validly elect their leaders according to their community elections systems.

Contact

Mr. Randall Hanes
Manager, Elections Unit (Operations)
Department of Indian Affairs and Northern Development
10 Wellington Street, Room 1834
Hull, Quebec
K1A 0H4
Tel.: (819) 997-8237
E-mail: hanesr@inac.gc.ca

Footnote 1

SOR/97-138

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