Initiative to modernize regulations on First Nations' decision-making: dialogue with First Nation organizations and leaders 2022

On this page

• What
• Why
• Who
• How to participate
• When and where
• What we heard
• Related information
• Contact us

What

During Phase 1 (beginning in February 2022), ISC proposes to proceed with targeted amendments to the Indian Referendum Regulations and the First Nations Elections Regulations. These regulatory amendments would create new options for First Nations' communities, enabling them to administer referendum votes under the Indian Referendum Regulations, and to use online voting under both the Indian Referendum Regulations and the First Nations Elections Regulations.

Phase 1 will seek First Nation organizations and leaders' views through national and regional dialogue sessions on the proposed regulatory amendments. In order to address the issues highlighted by the COVID-19 pandemic in a timely manner, discussions will focus on the changes needed to unlock referendum and election processes in the short term. The targeted changes are expected to help ensure that economic recovery includes all Canadians and that socio-economic and infrastructure gaps continue to close for First Nation communities.

Beginning in late 2022, phase 2 will lay the groundwork for a more transformative reform of Canada's requirements relating to First Nations decision-making on reserve land management. These changes would aim to better align federal legislation with the United Nations Declaration on the Rights of Indigenous Peoples and to facilitate a path to increased First Nations self-determination.

Phase 2 will explore potential, more transformative changes to federal requirements on First Nations' decision-making. This will require engaging with a broader group of First Nation rights-holders and leaders. Details will be co-developed with First Nation partners and be provided as they become available.

Why

The Indian Referendum Regulations govern the administration of First Nations decision-making with respect to reserve land use. The First Nations Elections Regulations govern electoral representation under the First Nations Elections Act. Both regulations require modernization.

The Indian Referendum Regulations support Indian Act land management and are administered by departmental officials. To pursue economic development with third parties, the Indian Act requires that reserve land be designated prior to leasing. Designations are agreed to by the eligible voters of a First Nation via a referendum pursuant to the regulations, recommended to the Minister by the Band Council, and accepted by the Minister. The Indian Referendum Regulations are also used to ratify a number of other community decisions that have implications on economic development and reconciliation, such as specific claims settlements, the creation of joint reserves, and the pre-designation of land set aside for an addition to reserve.

The Indian Referendum Regulations are administered almost entirely by ISC and do not allow for the use of online voting. Adjustments would be needed to align them with the department's mandate to increase First Nation control over service delivery and to avoid delays in conducting votes that are key to both First Nations economic development on reserve land and to advancing reconciliation. The Indian Referendum Regulations have not been substantially amended since 2000.

In contrast, the 2015 First Nations Elections Regulations are enabled by the First Nations Elections Act and define chief and council election procedures. They represent a modern election administration process, but First Nations have requested additional, more modern remote voting options.

Research, lands management experts, departmental staff and First Nations have previously identified challenges with the Indian Referendum Regulations and the First Nations Elections Regulations. Changing social, economic, environmental and public health situations across Canada, including evolving COVID-19-related restrictions, have further magnified the need to expedite the proposed regulatory amendments. For example, with the COVID-19 pandemic, travel and gathering restrictions risk delaying votes that are critical to First Nations' economic recovery and governance. First Nations have requested solutions to minimize delays and ensure an enabling regulatory environment for governance and economic development.

Providing the option for First Nations to appoint an electoral officer under the Indian Referendum Regulations and prioritizing the introduction of an option to use online voting methods for both regulations will enable critical votes to proceed.

Who

The Government of Canada will seek the views of the following parties:

For Phase 1 (dialogue on proposed targeted regulatory amendments):

• representatives of national and regional First Nations organizations
• representatives of key First Nations organizations with technical expertise in:
  • land management
  • economic development
  • elections processes
• interested First Nations leaders (or their delegates or representatives)
• First Nations individuals

For Phase 2 (broader engagement on proposed, more-transformative legislative changes):

• broader group of First Nations rights-holders and leaders whose reserve land is managed according to the Indian Act

How to participate

Phase 1 Dialogue sessions on targeted regulatory amendments:

There are 2 ways to participate in Phase 1:

1. First Nations national and regional organizations (representative organizations or organizations with technical expertise in land management, economic development, and/or elections processes): attend a meeting (by invitation only)
2. First Nations members: provide your views via the survey.

Phase 2 - Broad engagement with First Nations rights-holders and leaders on transformative reforms to federal requirements on First Nation decision-making relating to land use:

Further information on Phase 2 will be shared once it is available.

When and Where

Phase 1 meetings (dialogue sessions) will be held virtually and scheduled by Indigenous Services Canada. ISC will contact national and regional First Nations organizations. Dates of upcoming meetings will be posted as they are confirmed.

What we heard

For the final summary report of the dialogue sessions and feedback received through the survey, visit Initiative to modernize regulations on First Nations' decision making: Summary of dialogue sessions.

Related information

• Indigenous Experiences with Online Voting - The Impact of Digital Technology on First Nations Participation and Governance (digitalimpactfn.com)

Contact us

For more information, please contact: RPML-Dialogues-RPLI@sac-isc.gc.ca