Ebb and Flow switches to First Nations Elections

Summary#

The Order Amending the Indian Bands Council Elections Order (Ebb and Flow) (SOR/2020-201) removes the Ebb and Flow First Nation from the list of bands that must hold council elections under the Indian Act. The order took effect on September 17, 2020 and lets the community move its elections to the First Nations Elections Act (the companion order set the first election for November 20, 2020).

What it does#

• Stops the election rules in the Indian Act from applying to the Ebb and Flow First Nation.
• Is linked to a separate order that adds the community to the First Nations Elections Act and fixes the first election under that Act on November 20, 2020.
• Comes into force on the day it was registered: September 17, 2020.

Who's affected#

• Members of the Ebb and Flow First Nation — voters and people who run for Chief and Council.
• People and groups who help run elections there (electoral officers, local officials, community administrators).
• The change may also be noticed by outside groups the band deals with, such as potential partners or funders, as governance rules affect how a community is run.

Why it matters#

• The move switches the community from the older Indian Act election rules to the First Nations Elections Act, which the community asked for. The government says this supports greater local control over governance.
• Under the new regime, general elections are held every four years instead of every two years, which the government says can save money and make long-term planning easier.
• The First Nations Elections Act also changes how election disputes and offences are handled: they can be taken to federal or provincial courts, and offences are enforceable by police and prosecuted federally.