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.
(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.
- R.S., 1985, c. I-5, s. 77;
- R.S., 1985, c. 32 (1st Supp.), s. 14.
Marginal note:Tenure of office
78. (1) Subject to this section, the chief and councillors of a band hold office for two years.
(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.
(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.
- R.S., c. I-6, s. 78.
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.
- R.S., c. I-6, s. 79.
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