Poplar River switches to First Nations Elections Act

Summary#

The Order Amending the Indian Bands Council Elections Order (Poplar River) (SOR/2020-197) removes the Poplar River First Nation from the election rules under the Indian Act and puts the band’s council elections under the First Nations Elections Act. The band’s first election under the new Act was set for November 3, 2020, and the order came into force on September 11, 2020.

What it does#

• Repeals Item 31 of Part IV of Schedule I to the Indian Bands Council Elections Order, removing the Poplar River band from elections run under the Indian Act.
• Adds the Poplar River First Nation to the list of bands covered by the First Nations Elections Act (this was done by a related order).
• Fixes the date of the first council election under the First Nations Elections Act at November 3, 2020.
• Changes the band’s election system from the Indian Act rules to the First Nations Elections Act rules.

Who's affected#

• Members of the Poplar River First Nation will vote for Chief and council under the First Nations Elections Act instead of the Indian Act.
• People hired to run elections (electoral officers) and the band’s local administrators, because election timing, responsibilities and dispute processes change.
• Investors, partners, or organisations that work with the band may notice changes in governance stability and election timing.

Why it matters#

• Elections under the First Nations Elections Act use longer terms — 4 years instead of 2 years — which can give elected leaders more time to plan and carry out projects.
• The band may save money by holding general elections every 4 years instead of every 2 years; the government paper notes savings on costs such as paying the electoral officer and printing and postage.
• The change was made at the band council’s request (resolution dated August 2, 2019) and is meant to give the community more control over its own election rules and governance.
• The new law also changes how election disputes are handled (it allows court challenges) and applies penalties for offences like vote buying or intimidation.