Garden River First Nation election change
Order Amending the Indian Bands Council Elections Order (Garden River First Nation): SOR/2023-139
Garden River First Nation asked to leave the Indian Act election regime and be governed for elections by the First Nations Elections Act; the order removing it from the Indian Bands Council Elections Order took effect on June 19, 2023. The community’s first election under the First Nations Elections Act is scheduled for September 20, 2023, which moves the band to longer (four-year) terms and the associated election rules.
- Published
- July 5, 2023
- Department
- Unavailable
- Section
- Order Amending the Indian Bands Council Elections Order (Garden River First Nation)
- Comment deadline
- Unavailable
- Effective date
- June 19, 2023
- Publication part
- Part II
Summary
Summary#
The Order Amending the Indian Bands Council Elections Order (Garden River First Nation) removes Garden River First Nation from the list of First Nations whose elections are run under the Indian Act. The change follows a council resolution of April 13, 2023 and took effect when the order was registered on June 19, 2023; the community’s first election under the First Nations Elections Act is set for September 20, 2023.
What it does#
- Repeals Item 19 of Part V of Schedule I to the Indian Bands Council Elections Order.
- Ends the application of the election provisions of the Indian Act to Garden River First Nation.
- Enables Garden River First Nation to be governed for electoral purposes by the First Nations Elections Act (a separate, companion order adds the name to that Act’s schedule).
- Specifies the first election under the First Nations Elections Act will be held on September 20, 2023.
- The order came into force on the day it was registered (June 19, 2023).
Who's affected#
- Members (electors) of Garden River First Nation.
- People who plan to run for Chief or council in that community.
- The band administration and anyone involved in organizing local elections (such as the electoral officer).
- Others with a stake in local governance or contracts (community partners, investors) may notice changes in how the band’s leadership is chosen.
- This change is specific to Garden River First Nation; it does not apply to other First Nations.
Why it matters#
- It shifts the community from the federal Indian Act election rules to the First Nations Elections Act, which generally sets longer terms in office (four years instead of two years).
- Fewer elections can mean lower election-related costs and more time for elected leaders to plan and carry out projects.
- The switch is made at the request of the community’s council, so it reflects local choice about how leaders should be selected.
- Under the First Nations Elections Act, election disputes can be taken to court and there are specific offences and penalties aimed at preventing fraud or intimidation.
Key topics
Source: Canada Gazette