Penelakut Switches to First Nations Elections Act

Summary#

The Order Amending the Indian Bands Council Elections Order (Penelakut) removes the Penelakut First Nation from the election rules under the Indian Act and allows the First Nation to hold elections under the First Nations Elections Act instead. The order took effect on December 2, 2019.

What it does#

• Repeals the line (Item 67) in the Indian Bands Council Elections Order that kept the Penelakut First Nation using the Indian Act election system.
• As a paired step (described in the regulatory note), the Penelakut First Nation was added to the schedule of the First Nations Elections Act, with the first election under that Act set for February 19, 2020.
• The change was made after the Penelakut council passed a resolution on October 15, 2019 asking to opt into the First Nations Elections Act.

Who's affected#

• Members of the Penelakut First Nation are the primary people affected.
• Local officials involved in running elections (for example, an electoral officer appointed by the First Nation).
• Indigenous Services Canada is involved administratively because the Minister must register the order.
• It does not change election rules for other First Nations.

Why it matters#

• Elections for the Penelakut First Nation will move from rules under the Indian Act to the First Nations Elections Act, which generally means:
  • Longer official terms between general elections (four years instead of two years), potentially reducing how often the community must run costly elections.
  • Different, federal election rules and dispute processes that affect how chiefs and councillors are chosen and how election complaints are handled.
• The change was requested by the First Nation and is meant to increase local governance stability and reduce election costs.