Order Amending the Indian Bands Council Elections Order (Rainy River): SOR/2019-281

Canada Gazette, Part II, Volume 153, Number 17

Registration

SOR/2019-281 July 30, 2019

INDIAN ACT

Whereas by order of the Minister of Citizenship and Immigration dated May 17, 1961, it was declared that the council of the Rainy River Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act footnote a;

Whereas the council of that First Nation adopted a resolution, dated December 18, 2018, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Order footnote b to that council;

Whereas the council of that First Nation has provided to that Minister a proposed community election code that sets out rules regarding the election of the chief and councillors of that First Nation;

And whereas the Minister of Indigenous Services no longer deems it advisable for the good government of that First Nation that its council be selected by elections held in accordance with the Indian Act footnote a;

Therefore, the Minister of Indigenous Services, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Rainy River).

Gatineau, July 25, 2019

Seamus O’Regan
Minister of Indigenous Services

Order Amending the Indian Bands Council Elections Order (Rainy River)

Amendment

1 Item 48 of Part V of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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.)

Issues

The community of the Rainy River First Nations, in Ontario, wishes to select its Chief and council based on its own leadership selection process that was developed and ratified by the members. To do so, the Minister of Indigenous Services must, by order, amend the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, thereby revoking the application of the election provisions of the Indian Act for the First Nation. On December 18, 2018, the council of the Rainy River First Nations asked, by resolution, that the Minister of Indian Affairs and Northern Development make such an order.

Background

Subsection 74(1) of the Indian Act provided authority for the Minister of Indian Affairs and Northern Development to order that the election of the Chief and council of a First Nation be held in accordance with the Indian Act when he deems it advisable for the good governance of that First Nation.

On May 17, 1961, it was declared by order that the council of the Rainy River First Nations shall be selected by elections to be held in accordance with the Indian Act. The First Nation has selected its Chief and council under this election system ever since. The name of the First Nation appears on Schedule I of the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act.

A First Nation holding elections under the Indian Act can seek a change to its election system and a conversion to a community election system by requesting that the Minister of Indigenous Services revoke the application of the electoral provisions of the Indian Act for the First Nation by amending the Indian Bands Council Elections Order.

On December 18, 2018, the council of the Rainy River First Nations submitted a resolution confirming the adoption of a custom election code by the First Nation for the selection of its Chief and council. Subsection 74(1) of the Indian Act provides the necessary authority to remove the name of the First Nation from Schedule I of the Indian Bands Council Elections Order.

Objectives

The Order Amending the Indian Bands Council Elections Order (Rainy River), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Rainy River First Nations. It is limited to and of interest only to the Rainy River First Nations. The conversion to a local community election system will serve to build and strengthen the First Nation’s governance autonomy and better address the needs of the community.

Description

The departmental Conversion to Community Election System Policy sets out the steps and the conditions under which a First Nation holding elections under the Indian Act can adopt a community election system.

The termination of the application of the election provisions of the Indian Act to a First Nation is effected by means of an order of the Minister of Indigenous Services. The community’s election rules and the desire to convert to using them must have received the support of the members of the community.

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to this Order, as it does not result in any costs for small business.

Consultation

The Order Amending the Indian Bands Council Elections Order (Rainy River) was made at the request of the council of the Rainy River First Nations.

On October 15, 2018, the First Nation held an engagement session for members to provide feedback on a proposed custom election code. A presentation was made and a video was created for members who could not attend in person.

On December 5, 2018, the First Nation held a ratification vote to determine whether members were in favour of being removed from the election provisions of the Indian Act and of adopting the Custom Election Code. A total of 211 electors cast a ballot as part of the ratification vote. The number of votes in favour exceeded the number of votes opposed by 59 votes (135 for, 76 against).

Rationale

The Custom Election Code of Rainy River First Nations underwent a community ratification process, wherein a majority of the votes cast by the electors were in favour of the amendment being proposed to the Indian Bands Council Elections Order and were also in favour of future elections being conducted in accordance with that code.

As the Custom Election Code of Rainy River First Nations and the community ratification process that has taken place are compliant with the departmental Conversion to Community Election System Policy, and given the specific request by resolution of the First Nation’s council, the Minister of Indigenous Services no longer deems it advisable for the good governance of the Rainy River First Nations that the Chief and council be selected by elections held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Rainy River) ensures that the elections of the Chief and council can be held under the Custom Election Code of Rainy River First Nations.

There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Rainy River First Nations. Henceforth, the First Nation will assume full responsibility for the conduct of its entire electoral process.

Implementation, enforcement and service standards

Compliance with the community’s election code, the conduct of elections and disputes arising from the elections are now the responsibility of the Rainy River First Nations.

Contact

Jennifer Lecompte
Analyst
Governance Operations Directorate
Lands and Economic Development
Indigenous Services Canada
Email: jennifer.lecompte@canada.ca