ARCHIVED — Vol. 147, No. 1 — January 2, 2013

Registration

SOR/2012-290 December 14, 2012

INDIAN ACT

Order Amending the Indian Band Revenue Moneys Order (Miscellaneous Program)

P.C. 2012-1723 December 13, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 69(1) of the Indian Act (see footnote a), makes the annexed Order Amending the Indian Band Revenue Moneys Order (Miscellaneous Program).

ORDER AMENDING THE INDIAN BAND REVENUE MONEYS ORDER (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. The band name “Abénakis de Wôlinak” in the schedule to the Indian Band Revenue Moneys Order (see footnote 1) under the heading “Quebec” is replaced by the following and is repositioned in alphabetical order:

Première Nation des Abénakis de Wôlinak

2. The band name “Nigigoonsiminikaaning” in the schedule to the Order under the heading “Ontario” is replaced by the following:

Nigigoonsiminikaaning First Nation

3. The band names “Island Lake First Nation” and “Onion Lake” in the schedule to the Order under the heading “Saskatchewan” are replaced by the following and are repositioned in alphabetical order:

  • Ministikwan Lake Cree Nation
  • Onion Lake Cree Nation

4. The band names “Saddle Lake” and “Sawridge” in the schedule to the Order under the heading “Alberta” are replaced by the following, respectively:

  • Saddle Lake Cree Nation
  • Sawridge First Nation

5. The band names “Hartley Bay”, “Kwichsutaineuk-ah-kwaw-ah-mish”, “Lax Kw’alaams” and “Splatsin” in the schedule to the Order under the heading “British Columbia” are replaced by the following and are repositioned in alphabetical order:

  • Gitga’at First Nation
  • Kwikwasut’inuxw Haxwa’mis
  • Lax Kw’alaams Band
  • Splatsin First Nation

6. The band name “Acho Dene Koe” in the schedule to the Order under the heading “Yukon and Northwest Territories” is replaced by the following:

Acho Dene Koe First Nation

COMING INTO FORCE

7. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issue and objectives

The following legislative instruments include a list of First Nations to which they apply: (1) the Schedule to the Indian Band Revenue Moneys Order; and (2) the Schedule to the First Nations Land Management Act.

A number of First Nations listed on these instruments 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. References in legislation, regulations and orders to original band names that First Nations might have changed several times can make it difficult to determine whether such regulations or orders apply to a given group.

The objective of this annual regulatory measure is to amend identified legislative instruments to ensure accuracy with respect to current and new band names, as identified by First Nations and recorded by Aboriginal Affairs and Northern Development Canada and to 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. These amendments are important to ensure that the lists of bands in the legislative instruments are accurate and to avoid potential confusion on whether these instruments apply to a specific First Nation. This proposal does not add First Nations to any instrument.

Similar amendments related to band names are processed on an annual basis as needed. In this year’s submission, 11 names are amended in the Schedule to the Indian Band Revenue Moneys Order and one band is repealed from the Schedule to the First Nations Land Management Act.

Description

First Nations’ names and profiles are recorded in Aboriginal Affairs and Northern Development Canada’s Indian Registration System, a database containing the Indian register, band lists, and band names. The Indian Registration 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 Aboriginal Affairs and Northern Development Canada’s 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.

Consultation

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

“One-for-One” Rule

Amendments to band names do not result in any new administrative burden for businesses, nor do they remove any administrative burden on businesses. The “One-for-One” Rule, therefore, does not apply.

Small business lens

Amendments to band names do not impose any level of compliance costs and/or administrative costs on small businesses as they do not impose any requirements from businesses. The small business lens, therefore, does not apply.

Rationale

Aboriginal Affairs and Northern Development Canada, in conjunction with the Department of Justice Canada, 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 a 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.

The amendments do not affect the applicability of the regulations and orders being amended, 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.

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