ARCHIVED — Order Amending the Indian Bands Council Elections Order (Esdilagh)

Whereas, by Order in Council P.C. 1953-1413 of September 17, 1953, it was declared that the council of the Alexandria Indian 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 June 5, 2007, it was resolved that the name of the band be changed to the ʔEsdilagh First Nation (Esdilagh First 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), hereby makes the annexed Order Amending the Indian Bands Council Elections Order (Esdilagh).

Gatineau, Quebec, September 11, 2011

JOHN DUNCAN
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (ESDILAGH)

AMENDMENT

1. Item 2 of Part 1 of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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 and objectives

The band council of the Esdilagh First Nation (formerly Alexandria Band) has requested, through a Band Council Resolution, to be removed from the election provisions of the Indian Act. Further to the development of its own election code and local community electoral system, the band has requested to select its chief and councillors based on its own custom leadership selection process.

Currently, 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 to the Minister of Aboriginal Affairs and Northern Development an amendment to the Indian Bands Council Elections Order pursuant to subsection 74(1) of the Indian Act.

The Order Amending the Indian Bands Council Elections Order is of interest to and is limited to Esdilagh First 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 and rationale

The Order Amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, purports to remove the Esdilagh First Nation from the application of the election provisions of the Indian Act.

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. Aboriginal Affairs and Northern Development Canada must be satisfied that the band has developed suitable election rules, and that the rules and the removal have received support of the community members.

On July 21, 2010, the band council of Esdilagh First Nation held a ratification vote 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 132. In total, 75 (57%) ballots were cast, 61 (81%) voted in favour of the election code and 14 (19%) voted against the election code. There were no rejected ballots.

On October 7, 2010, the band council of Esdilagh First Nation submitted a Band Council Resolution requesting that the Minister of Aboriginal Affairs and Northern Development issue an order revoking the application of section 74 of the Indian Act for the band.

The Esdilagh First Nation Custom Election Code 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 Aboriginal Affairs and Northern Development no longer deems it advisable for the good governance of the Esdilagh First Nation 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 Esdilagh First Nation can conduct a leadership selection process according to their own values.

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

Consultation

The Order Amending the Indian Bands Council Elections Order is made at the request of the Esdilagh First 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 Esdilagh First Nation Custom Election Code, which in turn fulfils Canada’s commitment to strengthen Aboriginal governance.

Implementation, enforcement and service standards

Compliance with the Esdilagh First Nation Custom Election Code, the conduct of elections and disputes arising therefrom is now the responsibility of the Esdilagh First Nation.

Contact

Nathalie Nepton
Director
Band Governance Directorate
Aboriginal Affairs and Northern Development Canada
10 Wellington Street, Section 18A
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-997-0034
Email: Nathalie.Nepton@aadnc-aandc.gc.ca

Footnote a
R.S., c. I-5

Footnote b
R.S., c. I-5

Footnote c
R.S., c. I-5

Footnote 1
SOR/97-138

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