Election Reform

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ELECTION REFORM PROCESS

There are three different election processes for First Nation Communities.

  1. Indigenous Services Canada – Indian Election Act

  2. Indigenous Services Canada – First Nation Election Act

  3. First Nations – Custom Election Act

Read a comparison overview of all three election options

Indian Election Act

The Indian Election Act is under Indigenous Services Canada, and they will be responsible for completing the elections for the First Nations. Sipekne’katik is currently under the Indian Election Act. They have the option to change to either the First Nation Election Act or create their own Custom Election Code. Once a band leaves the Indian Election Act, you cannot go back to this election process.

First Nation Election Act

The First Nation Election Act is under Indigenous Service Canada. This Act was created with input from the First Nation. Chief and Council can change to this election act by signing a BCR requesting the change and sending it to Indigenous Services Canada (ISC). Once ISC approved the BCR, the Election Act will be switched.

Should the band want to change from this election act, they can only opt into the Custom Election Act. The band will be required to hold a referendum to switch to this election acts, and 50%  + 1 of the electors must participate and 50% + 1 of the electors must vote in favor. The band cannot go back the Indigenous Service Canada Indian Election Act.

Custom Election Code

Once a band decides to create their own Custom Election Code, they must meet certain criteria before Indigenous Service Canada will sign off their involvement with band elections.

  1. Band create their Custom Election Code.

  2. Required to hold at least one (1) community session on the new Custom Election Code.

  3. Send Custom Election Code to Indigenous Service Canada for review and input.

  4. Hold community Referendum to vote on the new Custom Election Code. The community must get 50% + 1 of the votes casted in order for the Custom Election Code to be passed.

  5. The Custom Election Code will come into effect depending on when it is finally signed off by the Minister of Affairs and if the final approval is at least six (6) months prior to the end of the band’s current election term.

Should the band want to change from this election act, the band can only opt into the First Nation Election Act. The band will be required to hold a referendum to switch to this election acts, and 50% of the electors must participate and 50% + 1 of the electors must vote in favor. The band cannot go back the Indigenous Service Canada Indian Election Act.