Vol. 145, No. 24 — November 23, 2011

Registration

SOR/2011-241 November 1, 2011

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Miscellaneous Program)

The Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote a), hereby makes the annexed Order Amending the Indian Bands Council Elections Order (Miscellaneous Program).

Gatineau, Quebec, November 1, 2011

JOHN DUNCAN
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Items 30, 37, 45 and 94 of Part Ⅰ of Schedule I to the Indian Bands Council Elections Order (see footnote 1) are repealed.

2. Items 23, 25, 27, 34, 65, 67, 83 and 97 of Part Ⅰ of Schedule I to the Order are replaced by the following:

23. Tla-o-qui-aht First Nations

25. Cowichan Tribes First Nation

27. Lheidli T’enneh

34. Hagwilget Village

65. Pacheedaht First Nation

67. Penelakut Tribe

83. Splatsin

97. Whispering Pines/Clinton

3. Items 1, 3, 7 and 11 of Part Ⅱ of Schedule I to the Order are replaced by the following:

1. Driftpile First Nation

3. Enoch Cree Nation #440

7. Tsuu T’ina Nation

11. Sunchild First Nation

4. Item 15 of Part Ⅲ of Schedule I to the Order is replaced by the following:

15. Makwa Sahgaiehcan First Nation

5. Items 4 and 39 of Part ⅠV of Schedule I to the Order are replaced by the following:

4. Brokenhead Ojibway Nation

39. Waywayseecappo First Nation Treaty Four - 1874

6. Items 1, 2, 19, 22, 26, 43, 48 and 50 of Part V of Schedule I to the Order are replaced by the following:

1. Alderville First Nation

2. Batchewana First Nation

19. Garden River First Nation

22. Grassy Narrows First Nation

26. Wabaseemoong Independent Nations

43. Oneida of the Thames

48. Rainy River First Nations

50. Mississauga’s of Scugog Island First Nation

7. Item 1 of Part VIII of Schedule I to the Order is replaced by the following:

1. Paqtnkek Mi’kmaw Nation

8. Item 1 of Part Ⅱ of Schedule II to the Order is replaced by the following:

1. Beaver First Nation

COMING INTO FORCE

9. 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.)

Issue and objectives

The Indian Bands Council Elections Order includes a list of First Nations to which it applies. A number of the First Nations listed have changed their names. Others have entered into self-government agreements with the Government of Canada and are no longer subject to the Indian Act and legislative instruments made under it. Amendments to the list in the Indian Bands Council Elections Order are required to ensure that it accurately reflects the band names identified by First Nations, to ensure accuracy of the names currently appearing, and to repeal names of First Nations no longer subject to this instrument. No new First Nations are added to this instrument.

References in regulations and orders to original band names that First Nations might have changed several times can make it difficult to determine whether this Order applies to a given group.

The objective of this regulatory measure is to amend the Indian Bands Council Elections Order in order to ensure accuracy with respect to band names, as identified by First Nations and recorded by Aboriginal Affairs and Northern Development Canada. The amendments will also repeal the names of First Nations who are a party to a self-government agreement with the Government of Canada and are no longer subject to the Indian Act, as stipulated by the respective agreements. The applicable legislative instruments were not amended when the self-government final agreements came into force. These amendments are important to ensure that the list of bands is accurate and to avoid potential confusion on whether this instrument applies to a specific First Nation.

Similar amendments related to band names will be processed on an annual basis as needed.

Description and rationale

First Nations’ names and profiles are recorded in Aboriginal Affairs and Northern Development Canada’s Indian Registry System, a database containing the Indian register, band lists, and band names. The Indian Registry System is the official repository of band names and contains the history of names for each band. Any changes requested by First Nations, by way of a Band Council Resolution, are made by the Office of the Indian Registrar. Because this process did not address band names as they appear in legislative instruments, an issue arose as to possible confusion that could be created by having a same band appear under different names in various instruments.

Aboriginal Affairs and Northern Development Canada, in conjunction with the Department of Justice, undertook a review of the existing process. It was agreed that, where appropriate, legislative instruments should be amended to add and repeal band names or reflect band name changes. These changes are needed to avoid confusion as to whom this particular legislative instrument may apply. Furthermore, the official band name is required for legal transactions and it may cause confusion and potential legal risks if the new band name is not reflected in the appropriate instruments. This is especially important where First Nations have entered into self-government agreements and are no longer subject to the Indian Act and other legislative instruments made under it.

The amendments do not affect the applicability of the Indian Bands Council Elections Order but ensure the accuracy of the names currently appearing, as identified by First Nations, and repeal band names. They do not impact the actions of other federal departments or agencies, or other levels of government. This action is administrative in nature and primarily provides for the recognition of the preference of how a First Nation is referred to.

Consultation

Given that these amendments implement requests by First Nations to have their name added, modified or repealed from a legislative instrument, it was not considered necessary to conduct consultations with the public and stakeholders. The concerned First Nations and departmental stakeholders are notified when the band name change is implemented.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements associated with these amendments and no implementation or ongoing costs.

Contact

Allan Tallman
Indian Registrar
Office of the Indian Registrar
Aboriginal Affairs and Northern Development Canada
10 Wellington Street, Room 18G
Gatineau, Quebec
K1A 0H4
Telephone: 819-934-6960
Email: allan.tallman@aadnc-aandc.gc.ca

Footnote a
R.S., c. I-5

Footnote 1
SOR/97-138