Lake Manitoba opts into First Nations Elections Act

Summary#

This is the federal order that lets the Lake Manitoba First Nation stop using the election rules in the Indian Act and use the First Nations Elections Act instead. The change took effect when the order was registered on June 26, 2020, and the first election under the new law was set for August 31, 2020.

What it does#

• Repeals the listing that kept the Lake Manitoba First Nation on the list of bands whose councils are elected under the Indian Act.
• Adds the Lake Manitoba First Nation to the schedule of the First Nations Elections Act, so future chief and council elections follow that Act’s rules.
• Fixes the date of the first election under the First Nations Elections Act for this First Nation at August 31, 2020.
• These steps were made at the request of the Lake Manitoba council and came into force on registration (June 26, 2020).

Who's affected#

• Members of the Lake Manitoba First Nation are the main people affected.
• People who run or oversee elections for that community (local election officers) will follow the First Nations Elections Act instead of the Indian Act.
• The change does not apply to other First Nations.

Why it matters#

• Elections for Lake Manitoba will now follow a federal law designed specifically for First Nations elections rather than the more general provisions of the Indian Act.
• The government says this typically means longer terms between general elections (every four years instead of every two years), which can save money and give leaders more time to plan and carry out projects.
• Officials also say choosing the First Nations Elections Act can increase the perceived legitimacy of elected leaders and may help attract partnerships or investment.
• The new law changes who handles election disputes and what penalties apply; for example, some election offences can be prosecuted and contested in court under the First Nations Elections Act.