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

Regulations are current to 2017-09-27

  •  (1) Subject to section 75 of the Act, an elector may nominate a candidate, or second the nomination of a candidate,

    • (a) by delivering or, subject to subsection (2), by mailing a written nomination and a completed, signed and witnessed voter declaration form to the electoral officer before the time set for the nomination meeting; or

    • (b) orally, at the nomination meeting.

  • (2) Mailed nominations that are not received by the electoral officer before the time set for the nomination meeting are void.

  • SOR/2000-391, s. 3.
  •  (1) A nomination meeting for an election shall be held at least 42 days before the date of the election.

  • (2) At the start of the nomination meeting, the electoral officer shall read aloud all written nominations and secondments that have been received by mail or delivered.

  • (3) Where the same person receives two written nominations for the same office, the second nomination shall constitute a secondment of the first nomination.

  • (4) A person present at a nomination meeting who is eligible to do so may second the nomination of any person nominated in writing.

  • (5) A nomination meeting shall remain open for at least three hours.

  • (6) At the end of the nomination meeting, the electoral officer shall

    • (a) if only one person has been nominated for election as chief, declare that person to be elected;

    • (b) if the number of persons nominated to serve as councillors in an electoral section does not exceed the number to be elected, declare those persons to be elected; and

    • (c) where more than the required number of persons are nominated for election as chief or councillors, announce that an election will be held on the day set out in the notice referred to in subsection 4.2(1).

  • SOR/2000-391, s. 3.

 As soon as is practicable after the nomination meeting, the electoral officer shall notify any nominated candidates who were not present at the meeting that they have been nominated.

  • SOR/2000-391, s. 3.

Withdrawal of Candidates

  •  (1) Subject to subsection (2), a candidate who has been nominated may withdraw his or her candidature at any time prior to the close of the polls by submitting to the electoral officer a written withdrawal of nomination, signed by the candidate in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

  • (2) Where a candidate nominated to be a councillor to represent an electoral section in a reserve consisting of more than one electoral section withdraws his or her candidature less than 48 hours before the time at which the polls open, or where any other candidate withdraws his or her candidature less than 37 days before the day on which the election is to be held, that candidate’s name shall remain on the ballot.

  • (3) A candidate who dies before the close of the polls shall be considered to have withdrawn his or her candidature.

  • SOR/2000-391, s. 3.

Acclamations

 Where the office of chief and all offices of councillors are filled by acclamation,

  • (a) the electoral officer shall post in at least one conspicuous place on the reserve, and mail to every elector who does not reside on the reserve, a notice that sets out the names of the persons who have been acclaimed and states that an election will not be held; and

  • (b) sections 5 to 11 do not apply.

  • SOR/2000-391, s. 3.

Manner in Which Voting Shall Be Carried Out

  •  (1) Subject to subsection (3), the electoral officer shall prepare ballots setting out

    • (a) the names of the candidates nominated for election as chief, in alphabetical order; and

    • (b) the names of the candidates nominated for election as councillors, in alphabetical order.

  • (2) Where two or more candidates have the same name, the electoral officer shall add to the ballots such additional information as is necessary to distinguish between those candidates.

  • (3) Where the reserve consists of more than one electoral section, the electoral officer shall prepare separate ballots for the candidates for election as chief and for the candidates for election as councillors.

  • (4) Subject to subsection (5), at least 35 days before the day on which an election is to be held, the electoral officer shall mail, to every elector who does not reside on the reserve, a package consisting of

    • (a) a ballot, initialled on the back by the electoral officer;

    • (b) an outer, postage-paid return envelope, pre-addressed to the electoral officer;

    • (c) a second, inner envelope marked “Ballot” for insertion of the completed ballot;

    • (d) a voter declaration form;

    • (e) a letter of instruction regarding voting by mail-in ballot;

    • (f) a statement

      • (i) identifying the location of all polling places, and

      • (ii) advising the elector that he or she may vote in person at a polling place on the day of the election in accordance with subsection 6(3) in lieu of voting by mail-in ballot; and

    • (g) a list of the names of any candidates who were acclaimed.

  • (5) Where the reserve consists of more than one electoral section, the package mailed to an elector who does not reside on the reserve shall contain a ballot for the candidates for chief only.

  • (6) At the request of an elector who resides on the reserve, the electoral officer shall provide a package referred to in subsection (4) to that elector.

  • (6.1) The electoral officer shall indicate on the voters list that a ballot has been provided to each elector to whom a mail-in ballot was mailed or otherwise provided and keep a record of the date on which, and the addresses to which, each mail-in ballot was mailed.

  • (6.2) An elector may vote by mail-in ballot by

    • (a) marking 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;

    • (b) folding the ballot in a manner that conceals the names of the candidates and any marks but exposes the electoral officer’s initials on the back;

    • (c) placing the ballot in the inner envelope and sealing that envelope;

    • (d) completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age;

    • (e) placing the inner envelope and the completed voter declaration form in the outer envelope; and

    • (f) delivering or, subject to subsection (6.7), mailing the mail-in ballot to the electoral officer before the time at which the polls close on the day of the election.

  • (6.3) Where an elector is unable to vote in the manner set out in subsection (6.2), the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with that subsection.

  • (6.4) A witness referred to in paragraph (6.2)(d) shall attest to

    • (a) the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or

    • (b) where the elector enlisted the assistance of another person under subsection (6.3), the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector.

  • (6.5) An elector who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

  • (6.6) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

  • (6.7) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the election are void.

  • (6.8) An elector to whom a mail-in ballot was mailed or provided under subsection (4) or (6) is not entitled to vote in person at a polling place other than in accordance with subsection 6(3).

  • (6.9) The electoral officer shall establish at least one polling place on the reserve.

  • (7) The electoral officer shall procure or cause to be procured as many ballot boxes as there are polling places, and shall cause to be prepared a sufficient number of ballot papers for the purpose of the election.

  • (8) The electoral officer shall, before the poll is open, cause to be delivered to his deputy the ballot papers, materials for marking the ballot papers, and a sufficient number of directions-for-voting as may be prescribed.

  • (9) The electoral officer or his deputy shall provide a compartment at each polling place where the electors can mark their ballot papers free from observation, and he may appoint a constable to maintain order at such polling place.

  • (10) Polling places shall be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the election.

  • (11) A candidate shall be entitled to not more than two agents in a polling place at any one time.

  • (12) [Repealed, SOR/2000-391, s. 4]

  • (13) The electoral officer or his deputy shall, immediately before the commencement of the poll, open the ballot box and call such persons as may be present to witness that it is empty; he shall then lock and properly seal the box to prevent it being opened without breaking the seal and shall place it in view for the reception of the ballots, and the seal shall not be broken nor the box unlocked during the time appointed for taking the poll.

  • (14) [Repealed, SOR/2000-391, s. 4]

  • SOR/85-409, s. 2(F);
  • SOR/2000-391, s. 4.
 
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