Part IIOrderVolume 159, Number 2Published: January 15, 2025

Animakee Wa Zhing #37 election law change

Order Amending the Indian Bands Council Elections Order (Animakee Wa Zhing #37): SOR/2024-293

This order removes Animakee Wa Zhing #37 from the Indian Act band-election provisions so the First Nation can hold its Chief and council elections under the First Nations Elections Act. The order was registered on 2024-12-27 and published in the Canada Gazette on 2025-01-15; the first election under the First Nations Elections Act is scheduled for 2025-04-20.

Published
January 15, 2025
Department
Unavailable
Section
Order Amending the Indian Bands Council Elections Order (Animakee Wa Zhing #37)
Comment deadline
Unavailable
Effective date
December 27, 2024
Publication part
Part II

Summary

Summary#

This is the Order Amending the Indian Bands Council Elections Order (Animakee Wa Zhing #37) (registration SOR/2024-293). It removes the Animakee Wa Zhing #37 from the part of the Indian Act that governs band elections so the community can hold elections under the First Nations Elections Act instead. The order was registered on December 27, 2024 and published in the Canada Gazette on January 15, 2025.

What it does#

  • Repeals Item 41 of Part V of Schedule I to the Indian Bands Council Elections Order, which ends the automatic application of the Indian Act election rules for this band.
  • Changes the legal framework that governs how Animakee Wa Zhing #37 chooses its Chief and Council. The community asked for this change by council resolution.
  • The companion action (a separate order) adds the band to the schedule of the First Nations Elections Act and sets the first election under that Act for April 20, 2025. This order (SOR/2024-293) is the step that removes the band from the Indian Act regime.

Who's affected#

  • Members of Animakee Wa Zhing #37 are the primary people affected.
  • The band’s current and future Chief, councillors, and the electoral officer will operate under the First Nations Elections Act instead of the Indian Act.
  • Indigenous Services Canada and local courts may be involved if election disputes arise under the new Act.
  • This order applies only to Animakee Wa Zhing #37; no other First Nation is affected by this particular item.

Why it matters#

  • Moving from the Indian Act election rules to the First Nations Elections Act gives the community more control over its election rules and procedures.
  • Under the First Nations Elections Act, general elections are held every four years instead of every two years. That can reduce election costs and give elected leaders more time to carry out longer-term plans.
  • The change can affect how election disputes are handled (the new Act allows court challenges) and may influence who runs and how campaigns are organized.
  • For the community, the immediate practical effect is that its next election is scheduled for April 20, 2025, under the First Nations Elections Act.

Key topics

Indian ActFirst Nations Elections ActIndian Bands Council Elections OrderAnimakee Wa Zhing #37Indigenous Services CanadaItem 41 of Part V of Schedule Iband council electionsFirst Nation governanceelectoral officerelection disputesApril 20, 2025self-determination

Source: Canada Gazette

Official source