Order Amending the Schedule to the First Nations Elections Act (Roseau River Anishinabe First Nation): SOR/2019-14

Canada Gazette, Part II, Volume 153, Number 2

Registration

SOR/2019-14 January 8, 2019

FIRST NATIONS ELECTIONS ACT

Whereas the council of the Roseau River Anishinabe First Nation adopted a resolution, dated November 7, 2018, requesting that the Minister of Indian Affairs and Northern Development add the name of that First Nation to the schedule to the First Nations Elections Act footnote a;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act footnote a, makes the annexed Order Amending the Schedule to the First Nations Elections Act (Roseau River Anishinabe First Nation).

Gatineau, January 4, 2019

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Schedule to the First Nations Elections Act (Roseau River Anishinabe First Nation)

Amendment

1 The schedule to the First Nations Elections Act footnote 1 is amended by adding the following in numerical order:

First Election Date

2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Roseau River Anishinabe First Nation is fixed as March 11, 2019.

Coming into Force

3 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

On November 7, 2018, the Roseau River Anishinabe First Nation leadership, from Manitoba, has requested by way of a resolution to opt in the First Nations Elections Act. To date, the First Nation was electing its chief and council based on its own community leadership selection process.

Background

A First Nation that selects its chief and council by following its own leadership selection process under a community or custom election code can change its electoral system and request, by adopting a band council resolution, to opt into the First Nations Elections Act. Section 3 of the First Nations Elections Act provides authority for the Minister of Indian Affairs and Northern Development to make an order to add the name of a First Nation to the schedule to the First Nations Elections Act, after which the council of that First Nation shall be selected by elections held in accordance with that Act.

By choosing to hold its elections under the First Nations Elections Act, the custom election rules and procedures of the Roseau River Anishinabe First Nation, insofar as they are not compatible with the First Nations Elections Act, become null and void. Should, at a later time, the First Nation wishes to return to holding elections under its own custom election rules and procedures, a community election code would need to be developed, and that code would need to be approved by a majority of the votes cast in a secret vote in which a majority of the electors of the First Nation participated as per section 42 of the First Nations Elections Act.

Objectives

The Order Amending the Schedule to the First Nations Elections Act (Roseau River Anishinabe First Nation), made pursuant to section 3 of the First Nations Elections Act, adds the First Nation to the schedule to the First Nations Elections Act, thereby confirming that the First Nation’s elections are held under that Act. The Order also fixes the date of the first election of the council under the Act at March 11, 2019.

Description

The addition of the Roseau River Anishinabe First Nation to the schedule to the First Nations Elections Act has been made by order of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act.

After having held community discussions and consultations, the council of the Roseau River Anishinabe First Nation signalled its decision to opt into the First Nations Elections Act by adopting a band council resolution asking the Minister of Indian Affairs and Northern Development to add the name of the First Nation to the schedule to that Act.

“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 council of the Roseau River Anishinabe First Nation undertook a consultation and engagement session with community members on November 1, 2018, to adopt the First Nations Elections Act for the election of its chief and council.

Given that opting into the First Nations Elections Act is made at the request of a First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the Roseau River Anishinabe First Nation with its members.

Rationale

The Roseau River Anishinabe First Nation no longer wishes to hold elections under its community election code and is being added to the schedule of the First Nations Elections Act at the request of the council of the First Nation, which believes that the First Nations Elections Act presents a better electoral option that will benefit its community.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements and no implementation or ongoing costs which can be directly associated with amending the schedule to the First Nations Elections Act.

In compliance with the First Nations Elections Act, the conduct of elections and disputes arising from them are the responsibility of the Roseau River Anishinabe First Nation and the electoral officer appointed by the First Nation; however, the First Nations Elections Act provides that an election can be contested by application to a federal or provincial court. The offences and penalties provided in the First Nations Elections Act — which are enforced by local law enforcement and prosecuted by the Public Prosecution Service of Canada — will deter questionable election activities, such as vote buying, bribery and voter intimidation. Under the First Nations Elections Act, the courts are able to impose fines and terms of imprisonment on persons found guilty of an offence.

Contact

Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Email: yves.denoncourt@canada.ca