Part IIOrderPublished: February 2, 2022

Muscowpetung Opts Out of Indian Act Elections

Order Amending the Indian Bands Council Elections Order (Muscowpetung): SOR/2022-6

This order removes the Muscowpetung Saulteaux Nation from the Indian Act election provisions and allows the First Nation to hold chief and council elections under its own community custom election code. It took effect on registration (2022-01-21) and sets the first election under the community code for 2022-04-01; the federal government will no longer administer or resolve those elections.

Published
February 2, 2022
Department
Unavailable
Section
Order Amending the Indian Bands Council Elections Order (Muscowpetung)
Comment deadline
Unavailable
Effective date
January 21, 2022
Publication part
Part II

Summary

Summary#

This order removes the Muscowpetung Saulteaux Nation from the federal election rules in the Indian Act. It lets the Muscowpetung Saulteaux Nation run future chief and council elections under its own custom election code instead of the Indian Act rules. The order took effect when it was registered on January 21, 2022.

What it does#

  • Repeals the federal election rule that applied to the Muscowpetung Saulteaux Nation in the Indian Bands Council Elections Order (Muscowpetung).
  • Confirms the First Nation will hold elections under its own community election code.
  • Fixes the date of the first election under the community code as April 1, 2022.
  • Ends the federal government’s role in running or deciding disputes about those elections. Election disputes must be handled under the community’s code or by the courts.

Who's affected#

  • Members of the Muscowpetung Saulteaux Nation are directly affected, because their chief and councillors will now be chosen under the community’s rules.
  • Indigenous Services Canada and the Minister of Indigenous Services will no longer administer or review those elections.
  • Others are unlikely to be affected; the order only applies to this specific First Nation.

Why it matters#

  • This change gives the Muscowpetung Saulteaux Nation more control over how its leaders are chosen. That can let the community use rules that fit its traditions and needs.
  • The community held a ratification vote that closed on January 6, 2022; 272 electors voted, with 184 in favour and 88 opposed.
  • Because Canada steps back from running or settling these elections, disputes will be handled locally or through the courts. That increases local responsibility and autonomy.

Key topics

Indian ActIndian Bands Council Elections OrderMuscowpetung Saulteaux NationIndigenous Services CanadaMinister of Indigenous ServicesConversion to Community Election System Policycommunity election codecustom election codeBand Governance Management SystemBGMSFirst Nations governanceelectionsself-determination

Source: Canada Gazette

Official source