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

• 6 (1) Subject to subsection 5(6.8), where a person attends at a polling place for the purpose of voting, the electoral officer or deputy electoral officer shall, if the person’s name is set out in the voters list, provide the person with a ballot.

• (2) The electoral officer or his deputy shall cause to be placed in the proper column of the voters’ list a mark opposite the name of every voter receiving a ballot paper.

• (3) An elector to whom a mail-in ballot was mailed or provided under subsection 5(4) or (6) may obtain a ballot and vote in person at a polling place if

  • (a) the elector returns the mail-in ballot to the electoral officer or deputy electoral officer; or

  • (b) where the elector has lost the mail-in ballot, the elector provides the electoral officer or deputy electoral officer with a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• (4) The electoral officer or his deputy may and when requested to do so shall explain the mode of voting to a voter.

• (5) After receiving a ballot, an elector shall

  • (a) immediately proceed to the compartment provided for marking ballots;

  • (b) mark the ballot by placing a cross, check mark or other mark, that clearly indicates the elector’s choice but does not identify the elector, opposite the name of the candidate or candidates for whom he or she desires to vote;

  • (c) fold the ballot in a manner that conceals the names of the candidates and any marks, but exposes the initials on the back; and

  • (d) deliver the ballot to the electoral officer or deputy electoral officer.

• (5.1) On receipt of a completed ballot, the electoral officer or deputy electoral officer shall, without unfolding the ballot, verify the initials placed on it and deposit it in the ballot box in the presence of the voter and any other persons entitled to be present at the polling place.

• (6) While any voter is in the compartment for the purpose of marking his ballot paper, no other person shall, except as provided in subsection (7), be allowed in the same compartment or be in any position from which he can see the manner in which such voter marks his ballot paper.

• (7) At the request of any voter who is unable to vote in the manner set out in subsection (5), the electoral officer or deputy electoral deputy shall assist that voter by marking his or her ballot in the manner directed by the voter in the presence of another elector selected by the voter as a witness and place the ballot in the ballot box.

• (8) The electoral officer or his deputy shall state in the voters’ list in the column for remarks opposite the name of such elector the fact that the ballot paper was marked by him at the request of the voter and the reasons therefor.

• (9) A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used shall, upon returning it to the electoral officer or his deputy, be entitled to obtain another ballot paper, and the electoral officer or his deputy shall thereupon write the word “cancelled” upon the spoiled ballot paper and preserve it.

• (10) Any person who has received a ballot paper and who leaves the polling place without delivering the ballot paper to the electoral officer or his deputy, in the manner provided, or if, after receiving the ballot paper, refuses to vote, shall forfeit his right to vote at the election, and the electoral officer or his deputy shall make an entry in the voters’ list in the column for remarks opposite the name of such person to show that such person received the ballot paper and declined to vote, and the electoral officer or his deputy shall mark upon the face of the ballot paper the word “declined”, and all ballot papers so marked shall be preserved.

• (11) An elector whose name does not appear on the voters’ list may vote at an election if the electoral officer or his deputy is satisfied that such person is qualified to vote.

• (12) Every elector who is inside the polling place at the time fixed for closing the poll shall be entitled to vote before the poll is closed.

Counting of Votes

6.1 As soon as is practicable after the close of the polls, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

• (a) reject the ballot if

  • (i) it was not accompanied by a voter declaration form, or the voter declaration form is not signed or witnessed,

  • (ii) the name of the elector set out in the voter declaration form is not on the voters list, or

  • (iii) the voters list shows that the elector has already voted; or

• (b) in any other case, place a mark on the voters list opposite the name of the elector set out in the voter declaration form, and deposit the ballot in a ballot box.

7 Immediately after the mail-in ballots have been deposited under section 6.1, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open all ballot boxes and

• (a) examine the ballot papers and reject all ballot papers

  • (i) that have not been supplied by him,

  • (ii) by which votes have been given for more candidates than are to be elected, or

  • (iii) on which anything appears by which the voter can be identified;

• (b) declare a ballot paper containing the names of candidates for more than one office, on which votes are given for more candidates for any office than are to be elected, to be void as regards all the candidates for such office; but such ballot paper shall be good as regards the votes for any other offices in respect of which the voter has not voted for more candidates than are to be elected;

• (c) subject to review on recount or on an election appeal, take a note of any objection made by any candidate or his agent to any ballot paper found in the ballot box and decide any question arising out of the objection;

• (d) number such objection and place a corresponding number on the back of the ballot paper with the word “allowed” or “disallowed”, as the case may be, with his initials;

• (e) from the ballots not rejected or declared void under paragraph (b), count the votes given for each candidate who has not withdrawn before the close of the polls; and

• (f) prepare and sign a statement of the number of votes for each candidate and the number of ballots rejected.

• 8 (1) Immediately after the completion of the counting of the votes, the electoral officer shall publicly declare to be elected the candidate or candidates having the highest number of votes.

• (2) Within four days after completion of the counting of the votes, the electoral officer shall

  • (a) sign and post, in at least one conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate; and

  • (b) mail a copy of the statement to every elector of the band who does not reside on the reserve.

9 Where it appears that two or more candidates have an equal number of votes, the electoral officer shall give a casting vote for one or more of such candidates, but the electoral officer shall not otherwise be entitled to vote.

• 10 (1) The electoral officer shall prepare a statement in triplicate showing the total number of votes cast for each candidate, the number of rejected ballots and the names of the candidates duly declared elected.

• (2) One copy of such statement shall be forwarded to the Assistant Deputy Minister, one to the regional supervisor or the Indian commissioner for the Province of British Columbia, and one copy filed in the agency office.

• (3) The statement shall be signed by the electoral officer and such of the candidates or their agents as are present and desire to sign it.

Disposition of Ballot Papers

11 The electoral officer shall deposit all ballot papers in sealed envelopes with the superintendent, who shall retain them in his possession for eight weeks, and unless otherwise directed by the Minister or by a person authorized by him shall then destroy the ballot papers in the presence of two witnesses who shall make a declaration that they witnessed the destruction of those papers.

Accelerated Elections

• 11.1 (1) This section applies to an election where, as a result of the office of chief or a councillor becoming vacant under subsection 78(2) of the Act or the election of a chief or councillor being set aside under section 79 of the Act, it is no longer possible for the council of a band to form a quorum.

• (2) An accelerated election shall be held in accordance with sections 4 to 11 for the election of chief of a band whose reserve consists of more than one electoral section, or for the election of chief or councillor of any other band, subject to the following changes:

  • (a) subsection 4.2(1), section 4.3 and subsection 4.4(1) do not apply;

  • (b) the lists referred to in subsection 4(1) and addresses referred to in subsection 4.1(1) shall be provided to the electoral officer at least 30 days before the day of the election;

  • (c) at least seven days before the day on which a nomination meeting is to be held, the electoral officer shall

    • (i) post a notice of the nomination meeting and of the manner in which nominations can be made, and a list of names of the electors, in at least one conspicuous place on the reserve, and

    • (ii) give notice of the nomination meeting, and of the manner in which nominations may be made, by publishing an advertisement in the local newspaper with the largest circulation;

  • (d) an elector can nominate a candidate, or second the nomination of a candidate,

    • (i) by communicating the nomination or secondment to the electoral officer at any time before the commencement of the nomination meeting, or

    • (ii) orally, at the nomination meeting;

  • (e) the nomination meeting for the election shall be held at least 23 days before the date of the election;

  • (f) where a candidate withdraws his or her candidature less than 22 days before the day on which the election is to be held, that candidate’s name shall remain on the ballot;

  • (g) the electoral officer shall mail by priority post the package referred to in subsection 5(4) at least 21 days before the day on which the election is to be held;

  • (h) the outer envelope referred to in paragraph 5(4)(b) shall be postage-paid for delivery by priority post; and

  • (i) the letter of instruction referred to in paragraph 5(4)(e) shall advise the elector of the shorter time periods applicable and instruct the elector accordingly.

• (3) An accelerated election shall be held in accordance with sections 4 to 11 for the election of councillors of a band whose reserve consists of more than one electoral section, subject to the following changes:

  • (a) paragraph 4.3(1)(a), subsections 4.2(3), 4.3(2), 4.4(2) to (4) and 5(3) to (5) do not apply;

  • (b) the list referred to in subsection 4(1) shall be provided to the electoral officer at least 30 days before the day of the election;

  • (c) at least six days before the day on which a nomination meeting is to be held, the electoral officer shall post a notice of the nomination meeting and the list of names of electors in at least one conspicuous place on the reserve; and

  • (d) the nomination meeting shall be held at least six days before the date of the election.

Election Appeals

• 12 (1) Within 45 days after an election, a candidate or elector who believes that

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

  • (b) there was a violation of the Act or these Regulations 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,

  may lodge an appeal by forwarding by registered mail to the Assistant Deputy Minister particulars thereof duly verified by affidavit.

• (2) Where an appeal is lodged under subsection (1), the Assistant Deputy Minister shall forward, by registered mail, a copy of the appeal and all supporting documents to the electoral officer and to each candidate in the electoral section in respect of which the appeal was lodged.

• (3) Any candidate may, within 14 days of the receipt of the copy of the appeal, forward to the Assistant Deputy Minister by registered mail a written answer to the particulars set out in the appeal together with any supporting documents relating thereto duly verified by affidavit.

• (4) All particulars and documents filed in accordance with the provisions of this section shall constitute and form the record.

• 13 (1) The Minister may, if the material that has been filed is not adequate for deciding the validity of the election complained of, conduct such further investigation into the matter as he deems necessary, in such manner as he deems expedient.

• (2) Such investigation may be held by the Minister or by any person designated by the Minister for the purpose.

• (3) Where the Minister designates a person to hold such an investigation, that person shall submit a detailed report of the investigation to the Minister for his consideration.

14 The Minister shall report to the Governor in Council when the Minister is satisfied that

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

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

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

Secrecy of Voting

• 15 (1) Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting.

• (2) No person shall interfere or attempt to interfere with a voter when marking his ballot paper or obtain or attempt to obtain at the polling place information as to how a voter is about to vote or has voted.

16 to 18 [Repealed, SOR/2000-391, s. 12]