Order Amending the Indian Bands Council Elections Order, pursuant to the Indian Act

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Title or working title of the regulatory initiative

Order Amending the Indian Bands Council Elections Order

Enabling act(s)

Indian Act

Description

This regulatory initiative is carried out when a First Nation adopts its own community election code and wishes to hold its band council elections under this code rather than under the Indian Act. The department's Conversion to Community Election System Policy guides this process. Under the Policy, a First Nation must develop an election code that:

The council of a First Nation will signal its desire for the First Nation to be removed from the electoral provisions of the Indian Act by adopting a band council resolution and sending it to the minister. In response, if the election code and the process for obtaining community support are deemed to comply with the Conversion to Community Election System Policy, the minister may issue an order that removes the name of the First Nation from the Indian Bands Council Elections Order. Since 1997, over 70 First Nations have converted to holding elections under their own community election system, thereby being removed from the Indian Bands Council Elections Order. Several more could make this conversion over the next few years. However, as this decision remains with First Nations, it is not possible to predict the number of such orders that will be made in the future.

Regulatory cooperation efforts (domestic and international)

Given that opting out of the electoral provisions of the Indian Act is made at the request of a First Nation, through resolution of its council, this initiative is not under a specific formal regulatory cooperation work plan.

Potential impacts on Canadians, including businesses

No impacts are expected on businesses and Canadians. The impact is restricted to the members and leaders of the First Nation subject to the regulatory initiative. However, the change in electoral system resulting from the regulatory initiative was requested by the First Nation itself and therefore the impacts are expected and desired. There are no impacts to international trade or investment.

Consultations

A community election code undergoes a community approval process, which includes a ratification vote where community members are asked if they favour that future elections be held under the proposed community election code rather than under the Indian Act. Given that this decision is made by individual First Nations for the benefit of their members only, it is not considered necessary to undertake consultations over and above those already conducted by a First Nation with its members.

Further information

Please find further information on the Sample Leadership Selection Code.

Departmental contact information

Larry Pardy
Director
Governance Operations Directorate
Lands and Economic Development Sector
Tel.: 902-694-0031
E-mail: larry.pardy@sac-isc.gc.ca

The date the regulatory initiative was first included in the Forward Regulatory Plan

September 2015

Find out more

Consult Indigenous Services Canada and Indian Oil and Gas Canada's Laws and Regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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