Tsartlip opts into First Nations Elections Act

Summary#

The federal government registered the Order Amending the Indian Bands Council Elections Order (Tsartlip) after the Tsartlip First Nation asked to change how it chooses its leaders. The change, registered on August 18, 2021, moves the community’s elections from the Indian Act system into the First Nations Elections Act, with the first election under the new law set for December 5, 2021.

What it does#

• Removes the Tsartlip band from the list of communities that hold elections under the Indian Act (it repeals the relevant item in the Indian Bands Council Elections Order).
• Adds the Tsartlip First Nation to the list under the First Nations Elections Act, so future band elections follow that law and its rules.
• Fixes the date for the first election under the First Nations Elections Act at December 5, 2021.
• This change was made after a council resolution from the Tsartlip community (dated February 22, 2021) requesting the move.

Who's affected#

• Members of the Tsartlip First Nation (voters and people who want to run for Chief or Council).
• People who organize and run Tsartlip elections, including the local electoral officer.
• The federal department that handles Indigenous governance, Indigenous Services Canada, which processed the request.
• Courts and law enforcement may be involved in election disputes or offences, since the First Nations Elections Act allows challenges in federal or provincial courts and its offences can be prosecuted.

Why it matters#

• Moving to the First Nations Elections Act typically means longer terms between general elections: four years instead of two years. That can save money and give leaders more time to plan and carry out longer-term projects.
• The community gains more control over its election rules and process, which the Tsartlip Council said it prefers.
• Election disputes and serious wrongdoing during elections are handled under the rules of the First Nations Elections Act, with courts and prosecutors available to enforce them.
• This is a community-driven change. It affects mainly Tsartlip members and their local governance rather than the general public.