Bear River adopts First Nations Elections Act

Summary#

The federal government registered Order Amending the Indian Bands Council Elections Order (Bear River) (SOR/2021-208) to remove the Bear River First Nation from the election rules in the Indian Act and place it under the First Nations Elections Act. The change was requested by the Bear River council (resolution of January 6, 2021) and took effect when the order was registered (August 18, 2021); the first election under the First Nations Elections Act was set for November 18, 2021.

What it does#

• Removes the Bear River First Nation from the provisions of the Indian Bands Council Elections Order under the Indian Act.
• Adds the Bear River First Nation to the schedule under the First Nations Elections Act (this addition is made by a separate complementary order).
• Fixes the date of the first council election under the First Nations Elections Act at November 18, 2021.
• The order came into force on the day it was registered (August 18, 2021).

Who's affected#

• Members, voters and potential candidates of the Bear River First Nation in Nova Scotia.
• The local electoral officer and anyone involved in running or challenging band elections for Bear River.
• Federal bodies and local law enforcement could be involved if election disputes or offences arise under the First Nations Elections Act (for example, courts and the Public Prosecution Service of Canada).

Why it matters#

• The change moves Bear River from elections held under the Indian Act to the First Nations Elections Act, which generally provides for elections every four years instead of every two years. That can reduce election costs and give elected leaders longer terms to plan and carry out projects.
• It gives the Bear River community more control over their election rules by using the federal law they specifically asked to adopt.
• The First Nations Elections Act includes rules and penalties for offences and allows election disputes to be taken to court, which affects how elections are enforced and challenged.