Tsleil-Waututh Nation moves to First Nations Elections Act

Summary#

The Order Amending the Indian Bands Council Elections Order (Tsleil-Waututh) (SOR/2020-299) removes the Tsleil-Waututh Nation from the list of bands whose councils are elected under the Indian Act. The order took effect on December 30, 2020. In practice, this clears the way for the Nation to hold elections under the First Nations Elections Act instead.

What it does#

• Repeals the entry for the Tsleil-Waututh Nation in the federal list that makes band elections follow the Indian Act.
• Comes into force on the day it was registered (December 30, 2020).
• Accompanies a separate order that adds the Nation to the schedule of the First Nations Elections Act and sets the first election date at March 31, 2021 (this companion order is described in the regulatory statement).

Who's affected#

• Members of the Tsleil-Waututh Nation — this change applies directly to their local elections.
• Local election officials and the Nation’s council, because the rules and processes they use will change.
• Indigenous Services Canada has an administrative role in registering and publishing the order.
• Others are unlikely to be affected widely; the regulatory statement says the initiative is limited to and of interest only to the Tsleil-Waututh Nation.

Why it matters#

• It shifts the legal rules that govern how the community elects its Chief and Council.
• Under the First Nations Elections Act, communities hold a general election every 4 years instead of every 2 years, which the government says can save money and allow longer-term planning.
• The change is meant to increase local governance autonomy and the perceived legitimacy of leaders, which the regulatory statement says can help attract partnerships and investment.
• The First Nations Elections Act also changes how election disputes and offences are handled — including court challenges and penalties — compared with the Indian Act system.