Marginal note:Where band fails to hold election
77. (1) Where a band fails to hold an election pursuant to subsection 75(3) or subsection 76(1) or (2) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election in question.
(2) Where a band fails to hold an election or a special band meeting pursuant to subsection 76(4) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election or special band meeting.
Contestation of election results
Marginal note:Contestation of election
78. (1) Any candidate for election as council member of a band or any fifteen electors of a band may, within five days of the day of any election held by that band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer of the band a written notice to that effect.
Marginal note:Grounds for contesting election
(2) The election of a council member may be contested on the grounds that
(a) a regulation made under paragraph 67(1)(b) was contravened in respect of the election of that council member, whether or not anyone has been prosecuted or convicted for such contravention;
(b) there was non-compliance with this Act, a by-law made under section 64 or a regulation made under paragraph 67(1)(a) in respect of the election of that council member; or
(c) the person elected council member was ineligible to be elected to that office.
Marginal note:Petition to judge
(3) On receipt of a notice under subsection (1), the Returning Officer shall, within two weeks, prepare and submit to a judge of the Provincial Court or Superior Court of Quebec (hereinafter in this section referred to as “the judge”) a petition in prescribed form setting out the name of the person or persons whose election is being contested, the name of the person or persons contesting the election and the grounds on which the election is being contested.
Marginal note:Deposit must accompany petition
(4) A petition described in subsection (3) must be accompanied by a deposit of two hundred dollars, which, except as provided in subsection (5), shall be refunded to the person or persons contesting the election forthwith after the judge has made a decision on the petition, whether or not the judge declares the election invalid.
Marginal note:When deposit forfeited
(5) Where the judge is of the opinion that the petition was not made in good faith, he may order the deposit forfeited and, where he so orders, the moneys forfeited shall be applied toward the cost of the court proceedings.
Marginal note:Inquiry into allegations
(6) The judge shall inquire into the correctness of the allegations contained in the petition, and for such purposes may exercise all the powers of a commissioner under Part I of the Inquiries Act.
Marginal note:Judge may declare election invalid
(7) Where, after hearing the petition, the judge is satisfied, in respect of the election of one or more council members whose election has been contested, that a ground for contestation contained in the petition has been established and that, in the case of the grounds described in paragraph (2)(a) or (b), the offence or non-compliance materially affected the result of the election, he shall declare invalid the election of the council member or council members in respect of whose election he is so satisfied.
Marginal note:Duplication barred
(8) The election of any particular council member cannot be contested a second time on the same ground in respect of the same election.
Marginal note:Effect on office-holder
(9) A council member whose election is contested under this section is entitled to remain in office until such time as the judge has declared his election invalid under subsection (7).
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