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This interim bulletin is to be read in conjunction with Chapter 5 of the Land Management Manual ("Chapter 5"). It provides information on the legislative and regulatory amendments to the Indian Act and the Indian Referendum Regulations. It also outlines the procedural changes that have resulted from the amendments.
In line with the legislative amendments in the Jobs and Growth Act, 2012, there are two key changes to the designation process to increase efficiencies, namely:
These amendments apply only to designations, not to surrenders.
Section 23 of the Regulations was amended to reflect that the Minister is the authority in considering the information submitted in a review of a referendum conducted under section 39.1 of the Indian Act.
With respect to designations, references in Chapter 5 to sections 39 and 40 of the Indian Act are to be read as sections 39.1 and 40.1. References to designations are to be read as including the amendment or revocation of designations, either those in existence prior to the amendments or those accepted by the Minister after the amendments. At this time, there are no changes to the designation policies set out in Chapter 5. There are limited process changes to reflect the new validity requirements for designations, including the need for a Band Council Resolution recommending the Minister accept the designation. This additional requirement is intended to provide Chief and Council with a means to assess whether the participation rate of the vote reflects the views of the community.