Indian Band Election Regulations (C.R.C., c. 952)

Regulations are current to 2017-09-27

Indian Band Election Regulations

C.R.C., c. 952

INDIAN ACT

Regulations Governing Indian Band Elections

Short Title

 These Regulations may be cited as the Indian Band Election Regulations.

Interpretation

 In these Regulations,

accelerated election

accelerated election means an election referred to in subsection 11.1(1); (élection accélérée)

Act

Act means the Indian Act; (Loi)

Assistant Deputy Minister

Assistant Deputy Minister means the Assistant Deputy Minister, Lands and Trust Services, Department of Indian Affairs and Northern Development; (sous-ministre adjoint)

deputy electoral officer

deputy electoral officer means any person appointed by the electoral officer for the purposes of an election; (président du scrutin)

election

election means a band election held under the Act or a special election held under subsection 78(4) of the Act, but does not include an election for the chief of a band set out in Schedule II to the Indian Bands Council Elections Order; (élection)

elector

elector, in respect of an election of the chief or councillors of a band, means a person who is qualified under section 77 of the Act to vote in that election; (électeur)

electoral officer

electoral officer means the superintendent or the person appointed by the council of the band with the approval of the Minister; (président d’élection)

mail-in ballot

mail-in ballot means a ballot mailed or delivered in accordance with subsection 5(6.2); (bulletin de vote postal)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

registry number

registry number means the number assigned to a person registered under section 5 of the Act; (numéro de registre)

reserve

reserve, in respect of an election of chief or councillors of a band, means a reserve of that band; (réserve)

Superintendent

Superintendent means the Superintendent or senior field officer of the Indian Affairs Branch in charge of the agency and includes the Indian Affairs Branch in charge of the agency and includes the Indian Commissioner for British Columbia, all Regional Supervisors and any other officer acting under the instructions of the Minister or Assistant Deputy Minister; (surintendant)

voter declaration form

voter declaration form means a document that sets out, or provides for,

  • (a) the name of an elector,

  • (b) the band membership or registry number of the elector or, if the elector does not have a band membership or registry number, the date of birth of the elector, and

  • (c) the name, address and telephone number of a witness to the signature of the elector. (formule de déclaration d’identité)

  • SOR/2000-391, s. 1.

Definition of Residence for the Purpose of Determining the Eligibility of Voters

 The following rules apply to the interpretation of the words “ordinarily resident” in respect of the residency of an elector on a reserve consisting of more than one electoral section:

  • (a) subject to the other provisions of this section, the question as to where a person is or was ordinarily resident at any material time or during any material period shall be determined by reference to all the facts of the case;

  • (b) the place of ordinary residence of a person is, generally, that place which has always been, or which he has adopted as, the place of his habitation or home, whereto, when away therefrom, he intends to return and, specifically, where a person usually sleeps in one place and has his meals or is employed in another place, the place of his ordinary residence is where that person sleeps;

  • (c) a person can have one place of ordinary residence only, and he shall retain such place of ordinary residence until another is acquired;

  • (d) temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

  • SOR/2000-391, s. 2.

Application

 Sections 4 to 11 apply to all elections other than accelerated elections.

  • SOR/2000-391, s. 3.

Voters List

  •  (1) At least 79 days before the day on which an election is to be held

    • (a) where the band holding the election has assumed control of its own membership under section 10 of the Act, the band shall provide the electoral officer with a list of the names of all electors; and

    • (b) where the Band List of the band holding the election is maintained in the Department under section 11 of the Act, the Registrar shall provide the electoral officer with a list of the names of all electors.

  • (2) A voters list shall set out

    • (a) where the reserve consists of more than one electoral section,

      • (i) the names of band members eligible to vote for chief, in alphabetical order, and

      • (ii) the names of band members eligible to vote for councillors, in alphabetical order;

    • (b) where the reserve consists of one electoral section, the names of all electors, in alphabetical order; and

    • (c) the band membership or registry number of each elector or, if the elector does not have a band membership or registry number, the date of birth of the elector.

  • (3) On request, the electoral officer or deputy electoral officer shall confirm whether the name of a person is on the voters list.

  • (4) The electoral officer shall revise the voters list where it is demonstrated that

    • (a) the name of an elector has been omitted from the list;

    • (b) the name of an elector is incorrectly set out in the list; or

    • (c) the name of a person not qualified to vote is included in the list.

  • (5) For the purposes of subsection (4),

    • (a) a person may demonstrate that the name of an elector has been omitted from, or incorrectly set out in, the voters list by presenting to the electoral officer evidence from the Registrar or from the band that the elector

      • (i) is on the Band List or is entitled to have his or her name entered on the Band List,

      • (ii) is at least 18 years of age, and

      • (iii) is qualified to vote at band elections; and

    • (b) a person may demonstrate that the name of a person not qualified to vote has been included in the voters list by presenting to the electoral officer evidence that that person

      • (i) is neither on the Band List nor entitled to have his or her name entered on the Band List,

      • (ii) is not at least 18 years of age, or

      • (iii) is not qualified to vote at band elections.

  • SOR/85-409, s. 1(E);
  • SOR/2000-391, s. 3.

Addresses of Electors

  •  (1) At least 79 days before the day on which an election is to be held, the band shall provide the electoral officer with the last known addresses, if any, of all electors who do not reside on the reserve.

  • (2) A candidate for election as chief or councillor may obtain from the electoral officer a list of the names of electors and the addresses of any electors who have consented to have their addresses released to the candidates.

  • (3) A document shall be considered to have been properly mailed under paragraphs 4.2(1)(b) and 4.7(a), subsection 5(4) and paragraphs 8(2)(b) and 11.1(2)(g) to electors who do not reside on the reserve if it was mailed or delivered to every elector who does not reside on the reserve and for whom an address was provided.

  • SOR/2000-391, s. 3.

Nomination Meeting

  •  (1) At least 30 days before the day on which a nomination meeting is to be held, the electoral officer shall

    • (a) post a notice of the nomination meeting and a list of the names of electors in at least one conspicuous place on the reserve; and

    • (b) mail a notice of the nomination meeting and a voter declaration form to every elector who does not reside on the reserve.

  • (2) A notice of a nomination meeting shall include

    • (a) the date, time, duration and location of the nomination meeting;

    • (b) the date on which the election will be held and the location of each polling place;

    • (c) the name and phone number of the electoral officer;

    • (d) the statement that any voter may vote by mail-in ballot;

    • (e) a description of the manner in which an elector can nominate a candidate, or second the nomination of a candidate;

    • (f) the statement that, if the elector wants to receive information from candidates, the elector can agree to have his or her address released to the candidates.

  • (3) The electoral officer shall record the names of electors to whom a notice of the nomination meeting was mailed, the addresses of those electors, and the date on which the notices were mailed.

  • SOR/2000-391, s. 3.
 
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