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Cree-Naskapi Band Elections Regulations (SOR/88-315)

Regulations are current to 2022-11-16

Cree-Naskapi Band Elections Regulations

SOR/88-315

NASKAPI AND THE CREE-NASKAPI COMMISSION ACT

CREE-NASKAPI (OF QUEBEC) ACT

Registration 1988-06-09

Regulations Respecting the Election of Council Members for the Cree Bands and the Naskapi Band

P.C. 1988-1111 1988-06-09

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 67, subsection 78(3) and section 198 of the Cree-Naskapi (of Quebec) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the election of council members for the Cree Bands and the Naskapi Band.

Short Title

 These Regulations may be cited as the Cree-Naskapi Band Elections Regulations.

Interpretation

 In these Regulations,

Act

Act means the Cree-Naskapi (of Quebec) Act; (Loi)

band election

band election means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; (élection)

electoral list

electoral list means a list referred to in section 7; (liste électorale)

land of the band

land of the band means the Category IA or IA-N land of a band; (terres de la bande)

representative

representative means a person appointed pursuant to section 27; (représentant)

Returning Officer

Returning Officer means the person appointed by a band under subsection 71(1) of the Act. (directeur du scrutin)

PART I(Paragraph 67(1)(a) of the Act)Band Elections

Number of Positions of Council Member

 The council of a band shall consist of one chief and not fewer than four nor more than twelve councillors, determined on the basis of one councillor for every 100 members of the band.

Term of Office of Council Members

 The term of office of a council member shall be for a period of two years commencing on the day following the day of the election of that member.

Calling of Elections

  •  (1) Where a council calls a band election, the council shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held.

  • (2) Where a Returning Officer calls a band election pursuant to section 77 of the Act, the Returning Officer shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held.

 Where a band election is to be held, the Returning Officer of the band shall determine,

  • (a) in accordance with section 10, on which day the nomination meeting for the election will be held and shall decide at which hour of the day and at which location within the land of the band the meeting will be held;

  • (b) in accordance with section 25, the hours during which the poll for the election will be held and shall decide at which location within the land of the band the poll will be held;

  • (c) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within the land of the band the advance poll for the election will be held; and

  • (d) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within or outside the land of the band the travelling poll for the election will be held.

Electoral List

 Where a band election is to be held, the Returning Officer of the band shall prepare and sign an electoral list that sets out, in alphabetical order, the names of the electors of the band.

  •  (1) The Returning Officer of a band may, on the application of an elector, revise an electoral list of the band to add the name of an elector whose name had been omitted from the list, correct the name of an elector whose name had been incorrectly set out or delete the name of a person who is not an elector.

  • (2) The Returning Officer of a band may, on his own initiative, correct any clerical errors in an electoral list of the band.

  • (3) A Returning Officer shall initial each revision and correction made to an electoral list pursuant to subsection (1) or (2), as the case may be.

Notice of Election

 At least 15 clear days prior to the day determined for the poll for a band election, the Returning Officer of the band shall prominently post, in the head office of the band and in one or more public places within the land of the band,

  • (a) a copy of the notice of election in the form set out in Schedule I and signed by the Returning Officer; and

  • (b) a copy of the electoral list for the election.

Nomination Procedures

 A nomination meeting for a band election shall be held during the period commencing five clear days after the posting of the notice of election for the election and ending five clear days prior to the day determined for the poll for the election.

 No person shall be a candidate for the position of council member unless that person is an elector who is eligible to be elected to that position.

 A nomination may be made in writing, on a nomination paper, or orally, at a nomination meeting.

 A written nomination for a band election shall be in the form set out in Schedule II and shall be signed by the candidate nominated and by three other electors of the band and shall be forwarded to the Returning Officer of the band prior to the nomination meeting for the election.

 On the day, at the hour and at the location specified in the election notice for a band election, the Returning Officer of the band shall declare the nomination meeting open and announce and post the names of the candidates for the position of chief or councillor for whom a written nomination has been received by the Returning Officer pursuant to section 13.

  •  (1) An oral nomination presented at a nomination meeting for a band election shall be proposed by an elector of the band and seconded by another elector of the band.

  • (2) A person who is nominated orally at a nomination meeting for a band election shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band prior to the close of the meeting and, where he does not so indicate, he shall be considered to have refused the nomination.

  • (3) Where a person who is nominated orally at a nomination meeting for a band election is not present at the meeting, the person shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band by telephone, radio or any other means considered appropriate by the Returning Officer.

  • (4) At the nomination meeting for a band election, the Returning Officer of the band shall indicate the requirements of subsections (1) to (3) to the persons at the meeting.

 No person shall accept nominations as a candidate in a band election for both the position of chief and the position of councillor.

  •  (1) Subject to subsection (2), at the nomination meeting for a band election, the Returning Officer of the band shall declare the meeting closed when nominations have ceased.

  • (2) No nomination meeting or session of a nomination meeting shall last less than two hours.

  •  (1) Where, immediately before the close of a nomination meeting for a band election, there is an insufficient number of candidates to fill all vacant positions, the Returning Officer of the band shall declare the first session of the meeting adjourned and shall reconvene the meeting at a second session two days later.

  • (2) No nomination meeting shall consist of more than two sessions.

Election by Acclamation

  •  (1) Where, at the close of a nomination meeting for a band election, there is only one candidate for the position of chief, the Returning Officer of the band shall forthwith proclaim the candidate to be elected by acclamation.

  • (2) Where, at the close of a nomination meeting for a band election, the number of candidates for the position of councillor is equal to or less than the number of councillor positions to be filled, the Returning Officer of the band shall forthwith proclaim the candidates to be elected by acclamation.

Poll Required

 Where, at the close of a nomination meeting for a band election, there is more than one candidate for the position of chief or the number of candidates for the position of councillor exceeds the number of councillor positions to be filled at the election, the Returning Officer of the band shall declare that a poll will be held in respect of that position or those positions, as the case may be, on the day specified in the notice of election for that election.

Notice of Poll

 Where a poll is required at a band election, the Returning Officer of the band shall as soon as possible sign and prominently post a copy of the notice of poll, in the form set out in Schedule III, in the head office of the band and in one or more public places within the land of the band and shall send a copy of the notice to the band secretary.

Preparation for Poll

 Where a poll is required at a band election, the Returning Officer of the band shall ensure that

  • (a) there are one or more polling stations within the land of the band;

  • (b) there is, at each polling station, one voting compartment that is constructed in such a manner that electors can mark their ballots in secret;

  • (c) there are, at each voting compartment, directions for voting and a pen or pencil that is similar to the pen or pencil at each of the other voting compartments;

  • (d) there are ballots in a sufficient number for the poll to be held;

  • (e) there is a sufficient number of ballot boxes for the poll to be held; and

  • (f) there is a poll book for each polling station.

  •  (1) Ballots for the election of a chief and ballots for the election of a councillor shall be in the form set out in schedules IV and V respectively.

  • (2) A ballot shall list, in alphabetical order, the name of each candidate and may, if applicable, indicate the name by which a candidate is commonly known but shall not indicate any additional information regarding a candidate.

  •  (1) A ballot box shall be made of durable material, furnished with a padlock and constructed in such a manner that any ballots that have been deposited in it cannot be withdrawn without unlocking the ballot box.

  • (2) A Returning Officer shall keep count of and supervise the ballot boxes to be used at a band election up to the opening of the polling stations for the election.

Election Method and Procedure

 Subject to subsection 26(1), a poll shall be open for voting continuously for at least eight hours between the hours of 6 o’clock in the morning and 10 o’clock in the evening on the day determined for the poll.

  •  (1) In the case of a natural disaster, an electrical blackout or other extraordinary circumstance, a Returning Officer may

    • (a) postpone the closing of a poll for up to two hours;

    • (b) postpone a poll for up to four weeks; or

    • (c) interrupt a poll and resume the poll within four weeks.

  • (2) Where the Returning Officer of a band postpones a poll or the closing of a poll or interrupts a poll, the Returning Officer shall take reasonable measures to inform the electors of the band of any resulting changes regarding the poll.

 A candidate for a band election may appoint, in writing,

  • (a) for each polling station provided for the election, one person to represent the candidate during the hours the polling station is open for voting; and

  • (b) two persons to represent the candidate during the counting of votes.

 Immediately prior to the opening of a polling station for a band election for voting, the Returning Officer of the band shall open each ballot box to be used at the polling station, call on any persons present to witness that the ballot boxes are empty and then padlock the ballot boxes.

  •  (1) Where an elector appears at the appropriate polling station for the purpose of voting in a band election, the Returning Officer of the band shall verify that the elector’s name is on the electoral list for the band and that the elector has not yet voted in the election and shall initial the back of a ballot for the election of a chief or a ballot for the election of a councillor, or both, as the case may be, and hand the ballot or ballots to the elector.

  • (2) A Returning Officer may, and where requested to do so, shall, explain the method of voting to an elector.

 On receiving a ballot or ballots, an elector shall immediately proceed to a voting compartment to vote.

  • SOR/92-592, s. 2(E)
  •  (1) Subject to subsection (2), only one person shall be in a voting compartment at any one time.

  • (2) An elector who is unable to vote without assistance because of an inability to read or to understand the language in which the ballots are printed or because of blindness or any other physical disability may be assisted in voting by the Returning Officer or, where accompanied by a friend or relative, by the friend or relative.

  • SOR/92-592, s. 2(E)

 After marking a ballot, an elector shall forthwith return the ballot to the Returning Officer who shall check, without attempting to see how the elector voted, whether the ballot has been initialled by the Returning Officer.

  •  (1) Subject to subsections (2) and (3), the Returning Officer to whom a ballot is returned shall request the elector who returned the ballot to deposit it in the ballot box.

  • (2) Where a ballot that was not initialled by the Returning Officer is returned to the Returning Officer by an elector, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit the ballot in the ballot box.

  • (3) Where a returned ballot is damaged, the Returning Officer to whom the ballot is returned shall mark the word “damaged” on the back of the ballot and deposit it in the ballot box.

  • SOR/92-592, s. 2

 An elector whose ballot was marked “declined” pursuant to subsection 33(2) or “damaged” pursuant to subsection 33(3) shall be entitled to receive a replacement ballot.

 The Returning Officer at a polling station shall list, in the poll book provided for that polling station, the name of each elector who receives a ballot at the polling station and shall record opposite an elector’s name any case where

  • (a) the elector receives assistance to vote pursuant to subsection 31(2) and the reason for that assistance; or

  • (b) the elector after receiving a ballot left the polling station without returning the ballot to the Returning Officer.

  •  (1) An elector who after receiving a ballot at a polling station leaves the polling station without returning the ballot to the Returning Officer shall be considered to have voted.

  • (2) Where an elector referred to in subsection (1) later returns a ballot to a Returning Officer, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit it in the ballot box.

 An elector who is inside a polling station at the time determined for the closing of the polling station and who is otherwise entitled to vote at that polling station shall be entitled to vote before the polling station is closed.

  •  (1) Forthwith after a polling station is closed, the Returning Officer at the polling station shall

    • (a) record in the poll book for that polling station the number of ballots issued for the polling station, the number of ballots used and the number of ballots remaining unused; and

    • (b) place in separate envelopes the unused ballots for chief and the unused ballots for councillor and label each envelope to indicate its contents.

  • (2) Where the duties of the Returning Officer of a band at a polling station are performed by a Deputy Returning Officer or an Assistant Returning Officer, the Deputy Returning Officer or the Assistant Returning Officer, as the case may be, shall, forthwith after complying with subsection (1), return the ballot boxes and poll books used at the polling station and the envelopes of unused ballots to the Returning Officer of the band.

 
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