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

Regulations are current to 2022-11-16

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

Advance Polls and Travelling Polls

 Where an advance poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which the poll for the election will be held may vote at the advance poll.

 Where a travelling poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which and at the location at which the poll for the election will be held may vote at the travelling poll.

 Sections 22 to 38 apply to an advance poll or travelling poll with such modifications as the circumstances require.

Counting the Votes

 Forthwith after the closing of the poll for a band election, the Returning Officer of the band shall count the votes, including, if applicable, those at the advance poll and the travelling poll held in connection with the election, in the presence of any candidates and representatives who wish to attend.

  •  (1) In counting votes at a band election, the Returning Officer of the band shall reject any ballot

    • (a) that was not initialled by the Returning Officer, the Deputy Returning Officer or an Assistant Returning Officer;

    • (b) that is blank;

    • (c) on which there appear more votes than there are positions to be filled;

    • (d) on which there appear marks or writing identifying the elector; or

    • (e) on which the Returning Officer has marked “declined” or “damaged”.

  • (2) In counting votes at a band election, the Returning Officer of the band shall reject, on a ballot, any vote that does not clearly indicate the elector’s intention.

 Where a candidate or a representative objects to a decision of the Returning Officer concerning the counting of a vote in a band election, the Returning Officer of the band shall

  • (a) decide any questions arising out of the objection;

  • (b) number and record the objection in the appropriate poll book; and

  • (c) write on the back of the ballot the word or words “allowed”, “allowed in part” or “rejected”, as the case may be, as well as the number of the objection and initial the ballot.

  •  (1) During the counting of the votes at a band election, the Returning Officer of the band shall

    • (a) if applicable, separate the ballots provided for the election for the position of chief from the ballots provided for the election for the position of councillor; and

    • (b) sort the ballots provided for the election for the position of chief or councillor, as the case may be, into two separate lots consisting of

      • (i) all the ballots allowed or allowed in part, and

      • (ii) all the rejected ballots.

  • (2) Forthwith after the counting of the votes at a band election, the Returning Officer of the band shall

    • (a) place each of the lots of ballots referred to in paragraph (1)(b) in a separate envelope and label each envelope to indicate its contents; and

    • (b) complete and sign a poll report in the form set out in Schedule VI and forward a copy of the poll report to each of the candidates for the election, the band secretary, the Minister of Indian Affairs and Northern Development and, in the case of a Cree band election, to the secretary of the Cree Regional Authority.

Positions of Council Members

  •  (1) Where a poll is held for the position of chief, the candidate for the position who receives the largest number of votes shall be elected chief.

  • (2) Where a poll is held for one or more positions of councillor, the candidate or candidates, to the number corresponding to the number of positions of councillor to be filled, who receive the largest number of votes shall be elected councillor.

  •  (1) Where a poll is held at a general election, the candidate who receives the largest number of votes for the position of councillor shall be the deputy chief.

  • (2) In any circumstances other than the circumstances referred to in subsection (1), the council of a band shall designate, from among the councillors of the band, one councillor to be the deputy chief.

Proclamation of Candidates Elected

 Forthwith after the counting of votes in a band election, the Returning Officer of the band shall proclaim elected the candidates elected in accordance with section 46.

Recount of Votes

  •  (1) The Returning Officer of a band shall recount the votes for a position to be filled at a band election where

    • (a) there is an equal number of votes for each of two or more candidates for

      • (i) the position of chief,

      • (ii) the position of deputy chief, or

      • (iii) a position of councillor, where the position is the only position or the only remaining position to be filled; or

    • (b) the Returning Officer receives, within one day after the day on which the poll for the band election was held, a written request for a recount of votes from a candidate for a position to be filled at the election.

  • (2) Sections 42 to 48 apply, with such modifications as the circumstances require, to any recount of votes.

Recount Poll

  •  (1) Where after a recount of votes there exists an equal number of votes for each of two or more candidates for a position referred to in paragraph 49(1)(a), the Returning Officer of the band shall, within 28 days after the day on which the recount was conducted, hold a second poll for those candidates for that position.

  • (2) These Regulations apply to a poll referred to in subsection (1) with such modifications as the circumstances require.

Election Results

  •  (1) Within five days after the day on which the poll for a band election was held, the Returning Officer of the band shall

    • (a) prepare a report of election results in the form set out in Schedule VII;

    • (b) sign the report;

    • (c) prominently post a copy of the report in the head office of the band and in one or more public places within the land of the band; and

    • (d) forward a copy of the report of election results to the persons referred to in paragraph 45(2)(b).

  • (2) Where all the candidates for a band election have been elected by acclamation, the Returning Officer of the band shall comply with subsection (1) within five days of the nomination meeting held for that election.

Contestation of Election Results

 A petition prepared pursuant to subsection 78(3) of the Act shall be in the form set out in Schedule VIII.

Election Materials

  •  (1) The Returning Officer of a band shall retain and safeguard all the election materials used in a band election including the ballots, ballot boxes, electoral list, poll books, poll report and report of the election results for a period of 14 days after the day on which the poll for the band election is held.

  • (2) Subject to subsection (3), after the expiration of the period referred to in subsection (1), the Returning Officer of a band shall remit to the band secretary for safekeeping all the election materials referred to in subsection (1), except the ballots, which shall be destroyed by the Returning Officer in the presence of two witnesses.

  • (3) Where the election of a council member for a band is contested pursuant to section 78 of the Act, the Returning Officer of the band shall continue to retain and safeguard the election materials referred to in subsection (1) until otherwise directed by the judge who is inquiring into the election.

General Provisions

  •  (1) The Returning Officer of a band shall supervise the conduct of any election held by that band.

  • (2) The Deputy Returning Officer or an Assistant Returning Officer appointed by the Returning Officer pursuant to subsection 71(2) of the Act may, under the supervision of the Returning Officer, perform the duties of the Returning Officer under these Regulations except those referred to in subsections 15(2) and (3), sections 26, 42 to 45 and 48, subsections 49(1) and 50(1), sections 51 and 53 and this section.

 All documents referred to in these Regulations for use in a band election shall be in either the English or the French language and may also be in the Cree language or the Naskapi language, as the case may be.

PART II(Paragraph 67(1)(b) of the Act)Offences

Prohibited Acts

 No person shall, at a poll for a band election, vote or attempt to vote

  • (a) more than once;

  • (b) knowing that he is not entitled to vote; or

  • (c) under any name other than his own name.

 No person shall induce another person to vote at a poll for a band election knowing that the other person is not entitled to vote.

 No person shall use bribery, treating, undue influence or any other corrupt practice in a band election.

 No person shall cause or attempt to cause any disturbance at a nomination meeting or at a polling station.

 No person shall campaign or advertise in connection with a band election in a polling station or within 30 metres of a polling station.

 No person shall be present in a polling station except those authorized by a by-law made under section 64 of the Act or these Regulations and those present for the purposes of voting.

 Unless authorized by a by-law made under section 64 of the Act or by subsection 31(2), no person shall

  • (a) be in a voting compartment with an elector;

  • (b) be in a position from which the person can see for whom an elector marks his ballot; or

  • (c) at a polling station, attempt to know how an elector intends to vote.

 No person who assists an elector to vote pursuant to a by-law made under section 64 of the Act or to subsection 31(2) shall

  • (a) influence or attempt to influence the elector in the selection of the candidate for whom the elector votes; or

  • (b) mark the elector’s ballot contrary to the elector’s intention.

  •  (1) No person shall interfere with or attempt to interfere with an elector who is in a voting compartment.

  • (2) No person shall interfere with or attempt to interfere with the counting of votes.

  •  (1) No person shall

    • (a) counterfeit or fraudulently alter or deface a ballot or the initials of a Returning Officer, Deputy Returning Officer or Assistant Returning Officer on a ballot;

    • (b) fraudulently destroy a ballot;

    • (c) without authority, supply a ballot to a person;

    • (d) fraudulently deposit in a ballot box any paper other than the ballot that the person is authorized by a by-law made under section 64 of the Act or by these Regulations to deposit in the ballot box;

    • (e) without authority take a ballot;

    • (f) fraudulently take a ballot out of a polling station;

    • (g) without authority, destroy, damage, take, open or otherwise interfere with a ballot box; or

    • (h) fraudulently print a ballot.

  • (2) No person shall attempt to commit any of the acts referred to in subsection (1).

 No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall divulge any information obtained by that officer in respect of the conduct of an election

  • (a) except as authorized by a by-law made under section 64 of the Act or by these Regulations; or

  • (b) unless that officer is required to give evidence in the course of a legal proceeding respecting the election.

  • SOR/92-592, s. 2

 No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall fraudulently initial or attempt to initial a ballot or any paper purported to be a ballot.

Maximum Punishment

 For the purposes of section 198 of the Act,

  • (a) subject to paragraph (c), for the contravention of paragraph 56(a) or any of sections 59 to 62, 64 or 66, the maximum fine is one hundred dollars and the maximum term of imprisonment is three months;

  • (b) subject to paragraph (c), for the contravention of paragraph 56(b) or section 57, 63 or 65, the maximum fine is two hundred dollars and the maximum term of imprisonment is six months;

  • (c) for the contravention of paragraph 56(b), section 57, 62, 63 or any of sections 65 to 67 by a Returning Officer, a Deputy Returning Officer or an Assistant Returning Officer, the maximum fine is four hundred dollars and the maximum term of imprisonment is six months; and

  • (d) for the contravention of paragraph 56(c) or section 58, the maximum fine is five hundred dollars and the maximum term of imprisonment is six months.

 
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