Vol. 144, No. 2 — January 20, 2010

Registration

SOR/2010-9 December 29, 2009

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Ahousaht)

Whereas, by Ministerial Order dated February 14, 1962, it was declared that the council of the Ahousaht Band, in the Province of British Columbia, shall be selected by elections to be held in accordance with the Indian Act;

Whereas, by Ministerial Order dated May 30, 1962, the Ministerial Order dated February 14, 1962 was amended to allow for the chief of the band to be elected by a majority of the votes of the elected councillors of the band from among themselves;

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 (Ahousaht).

Gatineau, Quebec, December 22, 2009

CHUCK STRAHL
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (AHOUSAHT)

AMENDMENT

1. Item 1 of Part I of Schedule II to the Indian Bands Cou n cil Elections Order (see footnote 1) is repealed.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 Ahousaht Band 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 Ahousaht Band, the Indian Bands Council Elections Order will be amended so that the Band no longer selects its council by elections held in accordance with the electoral provisions of the Indian Act.

The Ahousaht Election Regulations 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 Ahousaht Election Regulations, there is no alternative but to regulate the change requested by the Ahousaht Band. Such an order will permit the Band 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 Ahousaht Band can conduct the leadership selection process according to their own values. There is no cost consequence involved. Henceforth, the Band assumes full responsibility for the conduct of the entire electoral process.

Consultation

This amendment was initiated at the request of the Ahousaht Band and affects all its members. The department provided assistance to the First Nation in the development of the Ahousaht Election Regulations, 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 Band’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 Ahousaht Election Regulations during the conduct of elections and disputes arising therefrom is now the responsibility of the Ahousaht Band.

Contact

Yves Denoncourt
Manager
Elections Unit
Department of Indian Affairs and Northern Development
10 Wellington Street, Section 18A
Gatineau, Quebec
K1A 0H4
Telephone : 819-997-9800
Email: yves.denoncourt@ainc-inac.gc.ca

Footnote 1
SOR/97-138

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