Esgenoôpetitj Opts into First Nations Elections Act

Summary#

This is the Order Amending the Indian Bands Council Elections Order (Esgenoôpetitj). It removes the Esgenoôpetitj First Nation from the list of bands whose councils are elected under the Indian Act, allowing the band to use the First Nations Elections Act instead. The order was registered on September 11, 2020 and came into force that day.

What it does#

• Repeals Item 2 of Part VII of Schedule I to the Indian Bands Council Elections Order, which ends the application of the Indian Act election rules for the Esgenoôpetitj First Nation.
• Enables the band to be added to the schedule of the First Nations Elections Act (a companion order does that) so its Chief and Council will be elected under that Act.
• The First Nations Elections Act schedule fixed the band’s first election under that Act for November 12, 2020.

Who's affected#

• Primarily the members of the Esgenoôpetitj First Nation (formerly known as Burnt Church Band).
• The band’s future electoral officers and any candidates in band elections.
• Indigenous Services Canada and the federal Minister who processed the request.
• The broader public is unlikely to be affected; the change follows a band council resolution dated May 7, 2020 requesting the move.

Why it matters#

• Under the First Nations Elections Act, general elections happen every four years instead of every two years under some Indian Act rules. That can mean lower election costs and longer terms for elected leaders.
• The band’s leaders will be elected under a different federal election law that includes its own rules for conduct, disputes, penalties, and court review.
• The change was made at the band’s request and is intended to give the community more stable governance and potentially help attract partnerships and investment.