Registration

SOR/2008-289 September 5, 2008

INDIAN ACT

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

Whereas, by Order in Council P.C. 1971-2573 of November 23, 1971, it was declared that the council of the Alkali Lake 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 October 21, 1996, it was resolved that the name of the band be changed to the Esketemc 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 (Esketemc Band).

Gatineau, Québec, September 4, 2008

CHUCK STRAHL
Minister of Indian Affairs and Northern Development

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

AMENDMENT

1. Item 4 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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.)

Description

This initiative is of interest to and is limited to the Esketemc 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 Esketemc Band, the Indian Bands Council Elections Order will be amended so that the Band no longer selects its council by elections held in accordance with the electoral provisions of the Indian Act.

The Esketemc First Nation 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 Esketemc First Nation Election Rules, there is no alternative but to regulate the change requested by the Esketemc Band. Such an order will permit the Band to hold its elections in accordance with this code.

Benefits and c osts

The amending of the Indian Bands Council Elections Order ensures that members of the Esketemc 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 Esketemc Band and affects all its members. The department provided assistance to the First Nation in the development of the Esketemc First Nation Election Rules, which in turn fulfilled Canada’s commitment to strengthen aboriginal governance. 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 e nforcement

Compliance with the Esketemc First Nation Election Rules during the conduct of elections and disputes arising therefrom is now the responsibility of the Esketemc Band.

Contact

Nathalie Nepton
Director, Band Governance Directorate
Department of Indian and Northern Affairs Canada
10 Wellington Street, Section 18A
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Email: neptonn@ainc-inac.gc.ca

Footnote 1
SOR/97-138

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