Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Eligibility of voters for chief

• 77. (1) A member of a band who has attained the age of eighteen years and is ordinarily resident on the reserve is qualified to vote for a person nominated to be chief of the band and, where the reserve for voting purposes consists of one section, to vote for persons nominated as councillors.

• Marginal note:Councillor

  (2) A member of a band who is of the full age of eighteen years and is ordinarily resident in a section that has been established for voting purposes is qualified to vote for a person nominated to be councillor to represent that section.

Marginal note:Tenure of office

• 78. (1) Subject to this section, the chief and councillors of a band hold office for two years.

• Marginal note:Vacancy

  (2) The office of chief or councillor of a band becomes vacant when

  • (a) the person who holds that office

    • (i) is convicted of an indictable offence,

    • (ii) dies or resigns his office, or

    • (iii) is or becomes ineligible to hold office by virtue of this Act; or

  • (b) the Minister declares that in his opinion the person who holds that office

    • (i) is unfit to continue in office by reason of his having been convicted of an offence,

    • (ii) has been absent from three consecutive meetings of the council without being authorized to do so, or

    • (iii) was guilty, in connection with an election, of corrupt practice, accepting a bribe, dishonesty or malfeasance.

• Marginal note:Disqualification

  (3) The Minister may declare a person who ceases to hold office by virtue of subparagraph (2)(b)(iii) to be ineligible to be a candidate for chief or councillor of a band for a period not exceeding six years.

• Marginal note:Special election

  (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy.

Marginal note:Governor in Council may set aside election

79. The Governor in Council may set aside the election of a chief or councillor of a band on the report of the Minister that he is satisfied that

• (a) there was corrupt practice in connection with the election;

• (b) there was a contravention of this Act that might have affected the result of the election; or

• (c) a person nominated to be a candidate in the election was ineligible to be a candidate.