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

Regulations are current to 2017-11-20

Election Appeals

  •  (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.

  • SOR/85-409, s. 4(E);
  • SOR/2000-391, s. 11.
  •  (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.

 Where it appears that

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

  • (b) there was a violation 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,

the Minister shall report to the Governor in Council accordingly.

Secrecy of Voting

  •  (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.

 [Repealed, SOR/2000-391, s. 12]

 
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