Program:

• To advance self-reliance and preparation for self-government among First Nations by promoting the adoption of local community election systems.
• To provide the necessary tools and to train members of First Nation communities who have been appointed to act as an electoral officer in the conduct of a band election held in accordance with the Indian Act electoral system.
• To use the custom election dispute resolution policy to help reduce the number and seriousness of governance disputes.
• To receive, manage, investigate and make recommendations concerning appeals of band elections held under the Indian Act.
• To provide assistance to First Nations wishing to be removed from the electoral provisions of the Indian Act in drafting and ratifying a fair and effective custom election code.

Program History / Background:

First Nation leadership selection is carried out pursuant to one of three systems. An election can be held in accordance with the provisions of the Indian Act and its accompanying Indian Band Election Regulations, or First Nation leadership can be selected according to the First Nation's own community electoral system (sometimes referred to as a "custom code"), or according to the provisions of a self-government agreement.

There are approximately 255 First Nations that conduct their elections in accordance with the elections provisions of the Indian Act and the Indian Band Election Regulations. For these First Nations, election appeals must be filed in accordance with the provisions of the Indian Act and the Indian Band Election Regulations.

The remaining First Nations conduct their elections according to their own custom code. This means that they have their own set of procedures and rules governing their leadership selection and are thus not subject to the election provisions of the Indian Act and its accompanying regulations. Furthermore, they are not required to follow the Indian Band Council Procedure Regulations in the conduct of band council proceedings.

A First Nation currently holding its elections in accordance with the provisions of the Indian Act and its accompanying Indian Band Election Regulations may change the manner by which it selects its leadership. Such a removal from the Indian Act election provisions requires the issuing of a ministerial order in accordance with subsection 74(1) of the Act which must then be registered in accordance with the Statutory Instruments Act.

Description of Operations:

Where elections are held under the Indian Act, information and advisory support to both the First Nation and the electoral officer are provided by staff in the INAC regional or district office. In some instances, Headquarters may also provide assistance directly to the First Nation or the electoral officer.

Headquarters is responsible for developing and delivering training programs as well as forms and manuals related to the Indian Act election process, in addition to policy development and the provision of expert advice. Headquarters is also responsible for the reception, management and decision process related to Indian Act election appeals. In some instances, this involves the preparation and submission of an order-in-council to the Privy Council Office.

When a First Nation wishes to be removed from the electoral provisions of the Indian Act and to use its own custom election code, it must first develop such a code which clearly describes the process and rules with respect to the appointment of an electoral officer, voter and candidate eligibility, time frames, the nomination of candidates, the conduct of the poll, the participation of members who do not live on the reserve, the length of term of office, the appeal mechanism and the mechanism by which the code can be amended. INAC's regional or district office in conjunction with Headquarters will provide assistance to the First Nation in drafting a sound election code. The First Nation may wish to prevail itself of the Sample Custom Leadership Selection Code developed by INAC to use as a guide in drafting its own code.

ELECTORAL OFFICER'S HANDBOOK

If you have been appointed as an electoral officer to conduct an Indian band election under section 74 of the Indian Act, you should consult the Electoral Officer's Handbook. This handbook outlines the procedures you must carry out to successfully conduct the election. If you would like to obtain a copy, in electronic format, of the various forms you are required to complete throughout the electoral process, please contact your regional or district office of Indian and Northern Affairs Canada.

Back