Serpent River opts into First Nations Elections Act

Summary#

This is the Order Amending the Indian Bands Council Elections Order (Serpent River) — SOR/2021-93. It removes the Serpent River First Nation from the list of bands whose council elections are governed by the Indian Bands Council Elections Order so the community can instead hold elections under the First Nations Elections Act. The order came into force on May 6, 2021.

What it does#

• Repeals the listing (Item 52 of Part V of Schedule I) that made the Serpent River First Nation subject to elections under the Indian Bands Council Elections Order. In plain terms: Serpent River is no longer required to run band elections under the Indian Act regime.
• At the same time, the government made a separate (companion) order to add Serpent River to the schedule of the First Nations Elections Act and set the first election under that Act for October 30, 2021. That means future elections for the band’s chief and council will follow the rules in the First Nations Elections Act instead of the Indian Act.

Who's affected#

• Members and leaders of the Serpent River First Nation — this change applies only to that community.
• Local electoral officers and any vendors or service providers who run or supply band elections for Serpent River.
• Indigenous Services Canada, which implements and records the change.
• It is not clear that this order affects other First Nations; the change is limited to Serpent River.

Why it matters#

• Elections for Serpent River will now follow the First Nations Elections Act rather than the Indian Act. That can change how elections are run and contested.
• The First Nations Elections Act generally provides for general elections every four years instead of every two years, which the government says can reduce election costs and give leaders longer terms to plan and act.
• The Act also sets out rules for contesting elections and penalties for wrongdoing, so election disputes may be handled differently (including by courts).
• The change was made at the request of the Serpent River community, who told the federal government they preferred the First Nations Elections Act system.