Bill S-6 explained in plain English

Bill S-6 creates a federal election system for certain First Nations that participate in a new regime, replacing parts of the Indian Act with rules for four-year terms, contested elections in courts, and community election codes.

Bill S-6 (the First Nations Elections Act) establishes an alternative election system for First Nations that choose to participate in it. **What it does:** - Creates a federal law that governs how chiefs and councillors are elected in participating First Nations - Requires participating First Nations to hold elections following specific rules instead of the rules in the Indian Act - Sets four-year terms for all chiefs and councillors - Allows electors (adult band members) to vote in secret - Establishes rules about who can be a candidate, how voting works, and how elections are conducted - Allows elections to be challenged in federal or provincial courts if someone believes election rules were broken - Creates offences and penalties for election fraud and misconduct (fines and jail time) - Allows First Nations to leave this system by adopting their own written election code **How it works:** A First Nation can join by having its council request it and the Minister of Indian Affairs agreeing (based on criteria like leadership disputes or election fraud). The first election date is set by the Minister. After that, elections happen every four years within 30 days before the current leaders' terms expire. Councils must have one chief and one councillor per 100 members (minimum 2, maximum 12 councillors). If positions are tied, there is a draw to decide the winner. **Who can vote and run:** Only registered band members who are 18 or older can vote. Only electors can be candidates, and a person cannot run for both chief and councillor in the same election. **Election offences and penalties:** Violations include voting illegally, offering money to influence votes, disrupting elections, publishing false information about candidates, and election fraud. Penalties range from fines up to $5,000 and up to 5 years in prison for indictable offences, or fines up to $2,000 and 6 months in prison for summary convictions. People convicted of certain election offences are ineligible to be elected for 5 years after conviction. **Leaving the system:** A First Nation can withdraw by adopting a written community election code approved by a majority of members in a vote where a majority participated. This code must have a process for amendments and be published. Once removed from the federal system, the First Nation follows its own code instead. The bill also makes a technical change to the Indian Act definition of "council of the band" to recognize councils elected under this new act, community election codes, or traditional custom selection methods.

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 6 December 2011, the Leader of the Government in the Senate introduced 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 (First Nations Elections Act), in the Senate and it was given first reading. In October 2010, the Minister of Aboriginal Affairs and Northern Development and the leaders of these organizations launched a national engagement exercise on electoral reform. These organizations met with other First Nation leaders across the country between October 2010 and March 2011 to present their recommendations and seek advice on improving the election process for First Nations. Bill S-6 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 it • provides that chiefs and councillors hold office for four years; • provides that the election of a chief or councillor may be contested before a competent court; and • 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.