DEFINITION OF RESIDENCE FOR THE PURPOSE OF DETERMINING THE ELIGIBILITY OF VOTERS
3. 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.
3.1 Sections 4 to 11 apply to all elections other than accelerated elections.
- SOR/2000-391, s. 3.
4. (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.
- Date modified: