Indian Act (R.S.C., 1985, c. I-5)

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

Marginal note:Eligibility of voters for chief
  •  (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.

  • R.S., 1985, c. I-5, s. 77;
  • R.S., 1985, c. 32 (1st Supp.), s. 14.
Marginal note:Tenure of office
  •  (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.

  • R.S., c. I-6, s. 78.
Marginal note:Governor in Council may set aside election

 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.