Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-12-08 and last amended on 2013-04-01. Previous Versions

ELECTIONS OF CHIEFS AND BAND COUNCILS

Marginal note:Elected councils
  •  (1) Whenever he deems it advisable for the good government of a band, the Minister may declare by order that after a day to be named therein the council of the band, consisting of a chief and councillors, shall be selected by elections to be held in accordance with this Act.

  • Marginal note:Composition of council

    (2) Unless otherwise ordered by the Minister, the council of a band in respect of which an order has been made under subsection (1) shall consist of one chief, and one councillor for every one hundred members of the band, but the number of councillors shall not be less than two nor more than twelve and no band shall have more than one chief.

  • Marginal note:Regulations

    (3) The Governor in Council may, for the purposes of giving effect to subsection (1), make orders or regulations to provide

    • (a) that the chief of a band shall be elected by

      • (i) a majority of the votes of the electors of the band, or

      • (ii) a majority of the votes of the elected councillors of the band from among themselves,

      but the chief so elected shall remain a councillor; and

    • (b) that the councillors of a band shall be elected by

      • (i) a majority of the votes of the electors of the band, or

      • (ii) a majority of the votes of the electors of the band in the electoral section in which the candidate resides and that he proposes to represent on the council of the band.

  • Marginal note:Electoral sections

    (4) A reserve shall for voting purposes consist of one electoral section, except that where the majority of the electors of a band who were present and voted at a referendum or a special meeting held and called for the purpose in accordance with the regulations have decided that the reserve should for voting purposes be divided into electoral sections and the Minister so recommends, the Governor in Council may make orders or regulations to provide for the division of the reserve for voting purposes into not more than six electoral sections containing as nearly as may be an equal number of Indians eligible to vote and to provide for the manner in which electoral sections so established are to be distinguished or identified.

  • R.S., c. I-6, s. 74.
Marginal note:Eligibility
  •  (1) No person other than an elector who resides in an electoral section may be nominated for the office of councillor to represent that section on the council of the band.

  • Marginal note:Nomination

    (2) No person may be a candidate for election as chief or councillor of a band unless his nomination is moved and seconded by persons who are themselves eligible to be nominated.

  • R.S., c. I-6, s. 75.
Marginal note:Regulations governing elections
  •  (1) The Governor in Council may make orders and regulations with respect to band elections and, without restricting the generality of the foregoing, may make regulations with respect to

    • (a) meetings to nominate candidates;

    • (b) the appointment and duties of electoral officers;

    • (c) the manner in which voting is to be carried out;

    • (d) election appeals; and

    • (e) the definition of residence for the purpose of determining the eligibility of voters.

  • Marginal note:Secrecy of voting

    (2) The regulations made under paragraph (1)(c) shall provide for secrecy of voting.

  • R.S., c. I-6, s. 76.