Hollow Water Opts Into First Nations Elections Act

Summary#

This is the Order Amending the Indian Bands Council Elections Order (Hollow Water). It removes the Hollow Water First Nation from the election rules under the Indian Act and confirms that the First Nation will hold its Chief and council elections under the First Nations Elections Act instead. The order was registered on December 2, 2019 and published in the Canada Gazette on December 11, 2019.

What it does#

• Repeals the Hollow Water entry in the federal election rules that apply under the Indian Act so those specific Indian Act election provisions no longer apply to the Hollow Water First Nation.
• Adds the First Nation to the list covered by the First Nations Elections Act, so future band elections follow that federal law and its regulations.
• Fixes the date of the First Nation’s first election under the First Nations Elections Act at February 3, 2020 (this date is set in the companion order noted in the regulatory statement).
• States that the order came into force on the day it was registered (December 2, 2019).

Who's affected#

• Primarily the Hollow Water First Nation and its members.
• Local people who run or participate in elections (for example, the electoral officer and candidates) will follow the First Nations Elections Act rules instead of the Indian Act rules.
• The change can affect people or organizations that deal with the band government (funders, partners, businesses) because the government says elected leaders under the First Nations Elections Act have longer terms and may be seen as having greater legitimacy.

Why it matters#

• The change was requested by the Hollow Water community. It gives the community a different, more modern federal election framework to choose leaders.
• Under the First Nations Elections Act elections are held every 4 years instead of every 2 years, which the government says can reduce election costs and let leaders plan and carry out longer-term projects.
• The Act includes clearer rules about election offences and how disputes are handled (court challenges, enforcement by police and prosecution), which can affect how election problems are resolved.
• This is a local governance change limited to the Hollow Water community; it does not change rules for other First Nations unless they make a similar request.