First Nations Elections Act

An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Status

In committee (House), as of June 17, 2013
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment establishes a regime, alternative to the one under the Indian Act, to govern the election of chiefs and councillors of certain First Nations. Among other things, the regime
(a) provides that chiefs and councillors hold office for four years;
(b) provides that the election of a chief or councillor may be contested before a competent court; and
(c) sets out offences and penalties in relation to the election of a chief or councillor.
This enactment also allows First Nations to withdraw from the regime by adopting a written code that sets out the rules regarding the election of the members of their council.

Similar bills

C-9 (41st Parliament, 2nd session) Law First Nations Elections Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-6s:

S-6 (2022) An Act respecting regulatory modernization
S-6 (2018) Law Canada–Madagascar Tax Convention Implementation Act, 2018
S-6 (2014) Law Yukon and Nunavut Regulatory Improvement Act
S-6 (2010) Law An Act to amend the Criminal Code and another Act
S-6 (2009) An Act to amend the Canada Elections Act (accountability with respect to political loans)
S-6 (2007) Law An Act to amend the First Nations Land Management Act

Votes

June 11, 2013 Passed That, in relation to Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations, not more than five further hours shall be allotted to the consideration of the second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:10 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I think the difference is that we listened. We listened and we acted according to what we were being advised. That is the difference. There is nothing amazing about listening and then trying to find a common solution, at the end of the day. That is the difference. If we can actually find that common solution and work to get to that ground, we will have better legislation for all of us. We listened.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:10 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for his speech.

I would like him to comment on something. From what I understand, as a bill evolves, it usually improves. It should be better and enjoy increasingly broad support. Yet, it seems that even though first nations were at first quite supportive of this bill, this is no longer true of the latest version we have before us. Apparently they also suggested a number of amendments but struggled to be heard.

Are aboriginal communities now suffering the same fate as the parliamentary committees on the Hill, namely lack of attention, no consultation, and the total dismissal of any proposed amendments to improve the bill?

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:10 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, that is a great question from my friend and colleague.

The reality is that if we look at the omnibus budget bills that have had legislation in them, they have not had proper study. I would point to the Investment Canada Act, which for the third time is being changed in a budget bill, because it has been botched so many times because it has not gone to the committee properly. It has not gone through the due diligence process.

There is common ground we could work on. That is the whole point of bringing in experts and bringing in people to help work on legislation. Even on my own private member's bills I have done that. When we brought in people on my right to repair bill, it made it better.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:10 p.m.

The Acting Speaker Bruce Stanton

Before we resume debate and recognize the hon. member for Brampton West, I will just let him know that there are about six minutes remaining in the time allocated for debate on the motion before the House. He will be able to judge his time accordingly.

The hon. member for Brampton West.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:10 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I would love to have a full 20 minutes to talk about this exceptional piece of legislation, but I will accept the six minutes we have left here today.

This is another great bill. Bill S-6, the first nations elections act, is another great piece of legislation on an issue that concerns first nations Canadians. It is another great bill, much like the bill for safe drinking water we recently passed in the House. It goes back to things such as Yale, which was recently passed by the House, and the northern jobs and growth act. We have brought forward a suite of legislation designed to assist first nations in moving forward on many fronts.

When we talk about this particular piece of legislation, the first nations elections act, it is very important to note that this is, by definition, truly a grassroots bill. Why would I say that? It is because it was actually initiated and brought forward by two groups in this country: the AMC and the Atlantic Policy Congress of First Nations Chiefs. They were looking at ways to reform the election process as it exists under the Indian Act.

What does that mean? They decided that they wanted to have a broad-based and significant consultation on how we could design some electoral reforms that would assist first nations in their governance. What did they do? I can tell the House that they had extensive consultations with first nations. For example, between January and March 2010, then-grand chief Ron Evans travelled to almost every first nation in Manitoba that holds elections under the Indian Act. At the time, there were 37. He held engagement sessions with these communities to find out the kinds of things they would like to see in this legislation.

A similar format was followed by the Atlantic Policy Congress. They had the same kinds of discussions in their own region. They went from community to community and spoke to chiefs. They asked what they would like to see to reform elections for first nations that have their elections governed by the Indian Act. That is the critical thing we have to look at when we look at this particular piece of legislation. This has been driven by first nations communities themselves. By far, the vast majority of the things in this piece of legislation are things brought forward and asked for by first nations communities.

When the first set of recommendations came forward, the AMC and the APC were asked to partner on a national engagement effort to present their recommendations to first nations across the country. Then-grand chief Ron Evans met with first nations organizations in Saskatchewan, Alberta and British Columbia. He also wrote to every chief and council in Canada elected under the Indian Act. When we talk about the kind of input and consultation that took place with respect to this particular piece of legislation, we can see that this is an enormous amount of consultation.

The other thing that is important when we talk about this particular piece of legislation is that it is opt-in legislation. The difference between that and another piece of legislation is that first nations communities can choose if they want to opt in to this particular piece of legislation. When we combine the fact that it is opt-in legislation with the fact that there was extensive consultation with first nations communities, I can say that this is an exceptional piece of legislation that is going to do a lot of good for first nations communities.

Of course, one of the things they looked at in the legislation was moving the election from every two years to every four years. That just makes sense. Here in the House of Commons, when there is a majority government, there is an election around every four years. For first nations communities that have their elections operate under the Indian Act, it is every two years. We can think about the kinds of things that become difficult when we look at a two-year horizon versus a four-year horizon. It is much more difficult for them to make some of those longer-term plans that are so necessary for good governance, because they end up in a cycle of having another election so soon after the previous one and they need to start thinking about re-election.

This will be a significant step forward for first nations communities. It will also allow a new, modern and transparent electoral regime for first nations. Why is that important? One has to look at the things one needs, which are good governance and good elections. That will lead to stronger communities. First nations will have a better sense of how their communities will be governed and they will know when elections will take place. It will, in my view, increase accountability and transparency.

I wish I had more time and look forward to perhaps speaking to this legislation in the future.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:15 p.m.

The Acting Speaker Bruce Stanton

It being 1:19 p.m., pursuant to an order made Tuesday, June 11 it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:15 p.m.

Some hon. members

Agreed.

On division.

First Nations Elections ActGovernment Orders

June 17th, 2013 / 1:15 p.m.

The Acting Speaker Bruce Stanton

Accordingly the bill stands referred to the Standing Committee on Aboriginal Affairs and Northern Development.

(Motion agreed to, bill read the second time and referred to a committee)