Vol. 139, No. 22 — November 2, 2005

Registration
SOR/2005-312 October 20, 2005

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Première nation Tsawwassen First Nation)

Whereas, by Order in Council P.C. 1952-1701 of March 25, 1952, it was declared that the council of the Tsawwassen Band, in the Province of British Columbia, shall be selected by elections to be held in accordance with the Indian Act;

Whereas, by Band Council Resolution dated August 22, 1995, it was resolved that the name of the band be changed to Tsawwassen First Nation;

Whereas the band has developed its own election code and a local community electoral system for selecting a chief and councillors;

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

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of the band that the council of that band be selected by elections to 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 (Première nation Tsawwassen First Nation).

Gatineau, Quebec, October 14, 2005

Andy Scott 
Minister of Indian Affairs and 
Northern Development 

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (PREMIÈRE NATION TSAWWASSEN FIRST NATION)

AMENDMENT

1. Item 92 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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.)

Description

This initiative is of interest to and is limited to the Tsawwassen First Nation whose membership no longer wishes to select their Council by elections held in accordance with section 74 of the Indian Act.

Currently, a band holding elections under the Indian Act can request a change to their electoral system and convert to the use of a community election code by having the Indian Bands Council Elections Order, made by the Minister of Indian Affairs and Northern Development pursuant to subsection 74(1), amended to reflect a reversion to a community electoral system.

At the request of the Tsawwassen First Nation, the Indian Bands Council Elections Order was amended so that the First Nation no longer selects its Council by elections held in accordance with the electoral provisions of the Indian Act.

The Tsawwassen First Nation Custom Election Code, and the community ratification process that has taken place are consistent with the department's Conversion to Community Election System Policy, which sets out the criteria governing the removal of a band from the electoral provisions of the Indian Act.

Alternatives

In order to give effect to the Tsawwassen First Nation Custom Election Code, there is no alternative but to regulate the change requested by the Tsawwassen First Nation. Such an order will permit the First Nation to hold its elections in accordance with this code.

Benefits and Costs

The amendment to the Indian Bands Council Elections Order ensures that members of the Tsawwassen First Nation can conduct the leadership selection process according to their own values. There is no cost consequence involved. Henceforth, the First Nation assumes full responsibility for the conduct of the entire electoral process.

Consultation

This amendment was initiated at the request of the Tsawwassen First Nation and affects all its members. The department provided assistance to the First Nation in the development of the Tsawwassen First Nation Custom Election Code, which in turn fulfilled Canada's commitment to strengthen aboriginal governance made in the Gathering Strength: Canada's Aboriginal Action Plan initiative. The code underwent a community ratification process, wherein a majority of the votes cast by the First Nation's electors were in favour of an amendment being brought to the Indian Bands Council Elections Order and all future elections being conducted in accordance with the aforementioned code.

Compliance and Enforcement

Compliance with the Tsawwassen First Nation Custom Election Code during the conduct of elections and disputes arising therefrom is now the responsibility of the Tsawwassen First Nation.

Contact

Marc Boivin
A/Manager
Elections Unit
Department of Indian Affairs and Northern Development
10 Wellington Street, Section 18A
Gatineau, Quebec
K1A 0H4
Telephone: (819) 997-3947
E-mail: boivinm@ainc-inac.gc.ca

Footnote 1

SOR/97-138

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