Nisga’a Government makes sweeping changes to Nisga’a elections legislation
As reported in our August 2, 2011 news release, Wilp Si’ayuukhl Nisga’a passed several amendments to the Nisga’a Elections Act (the “Act”). In part, the amendments were in response to feedback received from Nisga’a citizens by the Nisga’a Elections Officer and also as a result of concerns raised by Nisga’a citizens at the 2010 Special Assembly of the Nisga’a Nation. It is intended that the amendments will set higher standards for elected officials and will make voting more accessible for Nisga’a citizens.
The changes will result in increased accessibility for Nisga’a citizens to vote. The Nisga’a Elections Amendment Act, 2011 (the “Amendment Act”) creates the possibility of designating a location other than the seven existing voting areas as an additional voting location. Given the high number of Nisga’a citizens residing in Prince George, the Nisga’a Elections Amendment Regulation, 2011 (the “Amendment Regulation”) designated the City of Prince George as an additional voting location for Nisga’a elections and referenda. The Amendment Act also gives the Nisga’a Lisims Government Executive the option of establishing additional voting locations as may be required and in accordance with the prescribed procedures set out in the Act and the Nisga’a Elections Regulation (the “Regulation”).
Furthermore, if a Nisga’a citizen with special needs is in a hospital, a nursing home or other care facilities and is unable to leave in order to attend a voting place on voting day, Nisga’a elections officials will be able to arrange for ballots to be brought to them.
The Amendment Act and the Amendment Regulation also identify prescribed debts which along with the other qualifications to stand for office set out in section 15 of the Act, including the list of criminal offences prescribed in the Regulation may affect a Nisga’a citizen’s ability to qualify as a candidate in an election.
Perhaps the most significant of the changes are the amendments made by the Amendment Act to the Nisga’a Government Act and the Members’ Code of Conduct. These changes prohibit a Nisga’a representative from holding specified offices and positions, including employment positions with the Nisga’a Nation, a Nisga’a Village or a Nisga’a Urban Local or employment, trustee, director or officer positions with School District No. 92, the Nisga’a Valley Health Authority and Wilp Wilxo’oskwhl Nisga’a. A Nisga’a citizen who currently serves in one of the positions or offices identified in the Nisga’a Government Act or the Members’ Code of Conduct and is seeking to be elected to an elected office of Nisga’a Government will now have to resign from that position or office prior to taking the oath of office as an elected Nisga’a representative.
Under the previous legislation, a Nisga’a citizen employed by the Nisga’a Nation, a Nisga’a Village or a Nisga’a Urban Local who was elected to public office was entitled a leave of absence from their employment for the duration of their first term of office. This is no longer the case. Under the new Act and Regulation, a Nisga’a citizen who is elected to an elected office of Nisga’a Government must now resign from any employment position they hold with the Nisga’a Nation, a Nisga’a Village or a Nisga’a Urban Local. In addition, the Amendment Act has also amended the Nisga’a Personnel Administration Act so that once an employee of the Nisga’a Nation or a Nisga’a Village is elected they will be deemed to have resigned from their employment upon taking the oath of office.
For further information on these and other changes to Nisga’a elections legislation, visit www.nnkn.ca or contact the Nisga’a Elections Office at (250) 633 2715.