Referendum Vote-Designation
"Join us at the Fort William First Nation Community Centre on September 21st, 2020, for an important information meeting conducted by Kristen Kayseas, the Electoral Officer. Be a part of the referendum vote designation presentation and stay informed about the community's future."
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Presentation Transcript
Referendum Vote -Designation- Presentation for the Information Meeting September 21st, 2020 Fort William First Nation Community Centre 400 Anemki Drive, Fort William First Nation, Ontario Presented By: Kristen Kayseas, Electoral Officer
Designation Defined The Designation Process The Indian Referendum Regulations Key Components of the Vote The Voting Process The Results
Designation Defined Section 38 (2) Designation- A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted. Indian Act 3
Designation Defined If a First Nation would like to lease a part of the reserve lands held for its collective interest, the Indian Act requires the land be designated first. Designated lands are lands the members of a First Nation have agreed to lease for the purposes set out in the designation. Designated lands remain reserve lands. A designation is voted on by the members of a First Nation according to the rules of the Indian Referendum Regulations. The Minister of Aboriginal Affairs and Northern Development Canada must accept the designation by way of a Ministerial Order for it to become official. Effective March 1, 2013, Bill C-45 has served to streamline the designation process considerably. It has amended the voting threshold (simple majority requirement) and delegated the authority for acceptance to the Minister (from the Governor in Council). 4
Designation Defined Key Points: Designates specific parcels of land for a specific use or purpose (similar to zoning ). For the purpose of being leased or right or interest therein being granted (surface or subsurface). Lands do not lose reserve status. Once the term of designation ends, the lands revert back to common band lands. First Nation taxation exemption unchanged. First Nation by-laws (including taxation) continue to apply to lands. 5
The Designation Process Stage 1 Stage 2 Stage 3 Planning and Document Preparation Referendum Process Post Land Referendum Designated 6
The Designation Process Stage 1 Land status review Appraisal Survey Registration Plan Environmental Site Assessment Environmental review First Nation to retain independent legal and financial advisors DOJ file assignment Designation Document Planning and Document Preparation 7
The Designation Process Stage 2 BCR to request referendum Voters list and off-reserve addresses Development of Information package Appointment of Electoral Officer and Deputy Post Notice of Referendum Send Mail-in ballot packages Information Meeting Vote Referendum Process 8
The Designation Process Stage 3 Assented to by a majority of First Nation electors (simple majority) Execution of Designation Document and Certifications (including certifications of independent legal and financial advice) Accepted by the Minister (Ministerial Order submission) Registration in Indian Lands Registry Post Referendum 9
The Designation Process Land Planning and Document Preparation Referendum Process Post Referendum Designated Land becomes available for leasing purposes. 10
Current Stage of the Designation Process Land Planning and Document Preparation Referendum Process Post Referendum Designated Land becomes available for leasing purposes. 11
The Indian Referendum Regulations Because the First Nation is seeking to give up its collective rights on the specific parcel of land for a specific period of time to a third party for a specific use, the membership needs to provide informed consent to make this valid. The Indian Referendum Regulations set out the requirements, the voting process and review which must be followed in order for the results to be deemed valid. 12
Indian Referendum Regulations: Timeline Sketch Preparation Period Compile addresses of eligible off- reserve electors (First Nation). Arrange for printing of the mail-out package materials (ISC/First Nation). Arrange for posting of notice in newspapers (ISC/First Nation). 72 days 72 days As much lead time as needed Voters list to be provided (ISC/First Nation). [49 days prior to vote] All known addresses of off-reserve electors to be provided (First Nation). [49 days prior to vote] Elector Information Legislated Requirement 49 days 49 days Post Notice of Ratification Vote. [42 days prior to vote] Mail-out packages. [42 days prior to vote] Information meeting. [ 14 days after posting] Notification of Referendum 42 days 42 days 35 days Simple majority of electors determines the outcome of the designation. Vote Day 13
Key Components of the Vote Notice of Referendum was posted on August 22, 2020 The Notice includes important information such as the ballot question, date and location of referendum, and contact information for the Electoral Officer and Deputy Electoral Officer. Posted on the reserve with a copy of the voters list attached. 14
Key Components of the Vote Contains the names of First Nation members who are 18 years of age as of the date of the Referendum. [ISC or First Nation] The Voters List The voters list was posted along with the Notice of Referendum on August 22, 2020. All eligible electors may vote in person or by mail-in ballot. Any questions regarding the Voters List (errors or omissions) can be directed to the Electoral Officer. 15
Key Components of the Vote Mail-in Ballot Packages were sent to all eligible electors living off reserve, where an address was available. Mail-in Ballot Packages were mailed on August 22, 2020 This package contains information about the designation as well as: Mail-in ballot Ballot envelope with the Declaration of Mail-in Voter and Attestation of Witness printed on the front for completion. A postage-paid return envelope, addressed to the Electoral Officer. Instructions for completion. Members living on reserve may obtain the same package by request. 16
Key Components of the Vote Mark the ballot with an X or in either the YES or NO space. Fold the ballot to conceal the mark, but expose the Electoral Officer s initials on the back and place it in the ballot envelope that has the Declarations of Mail-in Voter and Witness printed on it. Complete the Declarations of Mail-in Voter and Witness on the ballot envelope. Place the envelope in the larger return envelope addressed to the Electoral Officer. Be sure to mail the return envelope in time to reach the Electoral Officer by the close of the polls (8:00pm) on October 3, 2020. (Suggest mailing 10 days in advance of Vote Day). Please read the instructions included in your package carefully. Failure to follow the above steps may result in the rejection of your ballot. To Vote Using the Mail-in Ballot If you complete a mail-in ballot, but then choose to vote in person, the mail-in ballot will not be counted. 17
Key Components of the Vote VOTE DAY Saturday October 3, 2020 9:00 a.m. to 8:00 p.m. On-reserve Polling Station Fort William First Nation Community Centre 400 Anemki Drive, Fort William First Nation, Ontario 18
The Voting Process Voting in Person: The Voter will: Mark the ballot with an X or in either the YES or NO space. Fold the ballot to conceal the mark but expose the Electoral Officer s initials. Deposit the ballot into the ballot box. Please Note: If requested by a voter who is not able to read, is sight impaired or incapacitated by another physical cause, the Electoral Officer will mark the voter s ballot as directed by the voter, then immediately fold and deposit it into the ballot box. If a voter receives a ballot that is spoiled, improperly printed or if the voter accidentally spoils the ballot, return it to the Electoral Officer and a new one will be issued. The Electoral Officer will: Confirm you are an eligible voter; Require that you return your mail-in ballot. If you have lost it, request that you sign a statement that you have lost your mail-in ballot; and, Provide you with a ballot that the Electoral Officer has initialled. 19
The Results A simple majority is required for the vote to pass and the designation to be successful. A simple majority means: Of those that vote, over 50% must vote Yes . Example: Electors who vote Electors required to vote Yes 51 (Over 50% of those who vote) 100 If the majority of voters vote No , the designation fails. 20
The Results If the vote is successful, the Minister of Indigenous Services Canada will accept the reserve designation by way of a Ministerial Order. Upon acceptance and registration: The designated lands will be made available for leasing purposes (in this case for an Elder care facility). Lands do not lose reserve status. Once the term of designation ends, the lands revert back to common band lands. 21
Questions? Contact the Electoral Officer or Deputy Electoral Officers Kristen Kayseas, Electoral Officer Indigenous Services Canada 100 Anemki Place, Suite 101 FORT WILLIAM FIRST NATION, ON P7J 1A5 (807) 357-8015 Tina Morrisseau, Deputy Electoral Officer Fort William First Nation 90 Anemki Drive, Suite 200 Fort William First Nation, ON P7J 1L3 (807) 623-9543 Ext. 242 22
