Vol. 140, No. 21 — October 18, 2006

Registration
SOR/2006-237 September 29, 2006

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Heiltsuk Band)

Whereas, by Order in Council P.C. 1952-4283 of October 15, 1952, as amended by Order in Council P.C. 1956-867 of June 7, 1956, it was declared that the council of the Bella Bella Band, in the Province of British Columbia, shall be selected by elections to be held in accordance with the Indian Act;

Whereas, by Band Council Resolution dated March 8, 1982, it was resolved that the name of the band be changed to the Heiltsuk Band;

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;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act, hereby makes the annexed Order Amending the Indian Bands Council Elections Order (Heiltsuk Band).

Gatineau, Quebec, September 28, 2006

Jim Prentice
Minister of Indian Affairs and
Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (HEILTSUK BAND)

AMENDMENT

1. Item 3 of Part I of Schedule II to the Indian Bands Council Elections Order (see footnote 1) is repealed.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.)

Description

This initiative is of interest to and is limited to the Heiltsuk Band whose membership no longer wishes to select their council by elections held in accordance with section 74 of the Indian Act.

Currently, a band holding elections under the Indian Act can request a change to their electoral system and convert to the use of a community election code by having the Indian Bands Council Elections Order, made by the Minister of Indian Affairs and Northern Development pursuant to subsection 74(1), amended to reflect a reversion to a community electoral system.

At the request of the Heiltsuk Band, the Indian Bands Council Elections Order is amended so that the Band no longer selects its council by elections held in accordance with the electoral provisions of the Indian Act.

The Heiltsuk Custom Election Rules, and the community ratification process that has taken place are consistent with the department's Conversion to Community Election System Policy, which sets out the criteria governing the removal of a band from the electoral provisions of the Indian Act.

Alternatives

In order to give effect to the Heiltsuk Custom Election Rules, there is no alternative but to regulate the change requested by the Heiltsuk Band. Such an order will permit the Band to hold its elections in accordance with this code.

Benefits and Costs

The amending of the Indian Bands Council Elections Order ensures that members of the Heiltsuk Band can conduct the leadership selection process according to their own values. There is no cost consequence involved. Henceforth, the Band assumes full responsibility for the conduct of the entire electoral process.

Consultation

This amendment was initiated at the request of the Heiltsuk Band and affects all its members. The department provided assistance to the First Nation in the development of the Heiltsuk Custom Election Rules, which in turn fulfilled Canada's commitment to strengthen aboriginal governance made in the Gathering Strength: Canada's Aboriginal Action Plan initiative. The 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.

Compliance and Enforcement

Compliance with the Heiltsuk Custom Election Rules during the conduct of elections and disputes arising therefrom is now the responsibility of the Heiltsuk Band.

Contact

Marc Boivin
A/Manager
Elections Unit
Department of Indian Affairs and Northern Development
10 Wellington Street, Section 18A
Gatineau, Quebec
K1A 0H4
Telephone: (819) 997-3947
E-mail: boivinm@ainc-inac.gc.ca

Footnote 1

SOR/97-138

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