ARCHIVED — Vol. 147, No. 10 — May 8, 2013

Registration

SOR/2013-67 April 17, 2013

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Haisla Nation)

Whereas, by Order in Council P.C. 1952-3692 of August 6, 1952, it was declared that the council of the Kitamaat Band, in British Columbia, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas, by Band Council Resolution dated January 18, 2011, it was resolved that the name of the band be changed to the Haisla 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 (see footnote b);

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

Gatineau, Quebec, April 13, 2013

BERNARD VALCOURT
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (HAISLA NATION)

AMENDMENT

1. Item 39 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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.)

Issue

On August 6, 1952, the Haisla Nation (formerly known as Kitamaat) was brought under the application of section 74 of the Indian Act. Thereafter, the council of the Haisla Nation, in the Province of British Columbia, was selected by elections to be held in accordance with the election provisions of the Indian Act.

Further to the development of its own election code and local community electoral system, the band wishes to select its chief and councillors based on its own custom leadership selection process. On January 22, 2013, the council of the Haisla Nation requested, through a Band Council Resolution, to be removed from the election provisions of the Indian Act.

Background

Subsection 74(1) of the Indian Act provides the power to the Minister of Indian Affairs and Northern Development to order that elections be held in accordance with the Indian Act when he deems it advisable for the good governance of a band.

However, a band holding elections under the Indian Act can seek a change to its electoral system and a conversion to the use of a community election code by requesting, from the Minister of Indian Affairs and Northern Development, an amendment to the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, to revoke the application of section 74 for the band.

Objective

The Order Amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, purports to remove the Haisla Nation from the application of the election provisions of the Indian Act. It is in the interest of and is limited to the Haisla Nation. The conversion to a local community electoral system will serve to build and strengthen the band’s governance autonomy and better address the needs of the community.

Description

Aboriginal Affairs and Northern Development Canada’s Conversion to Community Election System Policy allows a band holding elections under the Indian Act to request a change to its electoral system and convert to the use of a community election code.

The removal of a band from the application of the election provisions of the Indian Act is made by order of the Minister of Indian Affairs and Northern Development when Aboriginal Affairs and Northern Development Canada is satisfied that the band has developed suitable election rules (including secret ballot voting, independent appeals process and compliancy with the Canadian Charter of Rights and Freedoms), and that the rules and the removal have received support of the community members.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this Order, as it does not result in any administrative costs to business.

Small business lens

The small business lens does not apply to this Order as there are no costs to small business.

Consultation

The Order Amending the Indian Bands Council Elections Order is made at the request of the Haisla Nation and its members. The community election 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.

Aboriginal Affairs and Northern Development Canada provided assistance in the development of the election code of the Haisla Nation, which in turn fulfils Canada’s commitment to strengthening Aboriginal governance.

Rationale

On August 12, 2012, the council of the Haisla Nation held ratification votes by secret ballot to determine whether a majority of the electorate was in favour of the band being removed from the application of the election provisions of the Indian Act and of adopting the proposed election code. Electors residing off-reserve were allowed to cast their ballot through a mail-in ballot process. The total number of eligible electors was 1 302. In total, 293 ballots were cast, 214 voted in favour of the election code and 78 voted against the election code and there was 1 spoiled ballot.

On January 22, 2013, the council of the Haisla Nation submitted a Band Council Resolution requesting that the Minister of Indian Affairs and Northern Development issue an order revoking the application of section 74 of the Indian Act for the band.

The election code of the Haisla Nation and the community ratification process that has taken place being compliant with Aboriginal Affairs and Northern Development Canada’s Conversion to Community Election System Policy, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the band that the chief and council be selected by elections to be held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order ensures that members of the Haisla Nation can conduct a leadership selection process according to their own values.

There is no cost consequence associated with the removal of the Haisla Nation from the election provisions of the Indian Act. Henceforth, the Haisla Nation will assume full responsibility for the conduct of the entire electoral process.

Implementation, enforcement and service standards

Compliance with its election code, the conduct of elections and disputes arising therefrom is now the responsibility of the Haisla Nation.

Contact

Nathalie Nepton
Director
Band Governance Directorate
Aboriginal Affairs and Northern Development Canada
72 Laval Street, 6th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-997-0034
Email: Nathalie.Nepton@aandc-aadnc.gc.ca