Indian Referendum Regulations (C.R.C., c. 957)

Regulations are current to 2017-11-20 and last amended on 2013-03-01. Previous Versions

Indian Referendum Regulations

C.R.C., c. 957

INDIAN ACT

Regulations Governing the Holding of Referendums on Indian Reserves

Short Title

 These Regulations may be cited as the Indian Referendum Regulations.

Application

 These Regulations apply to a referendum held under subparagraph 39(1)(b)(iii), subsection 39(2) or section 39.1 of the Act.

  • SOR/2000-392, s. 1;
  • SOR/2013-21, s. 1.

Interpretation

 In these Regulations,

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 a person appointed by an electoral officer for the purposes of a referendum; (président du scrutin)

elector

elector, in respect of a referendum, means an elector of the band in respect of which the referendum is being held; (électeur)

electoral officer

electoral officer means the person in charge of the local office of the Department of Indian Affairs and Northern Development or any officer of the Department of Indian Affairs and Northern Development acting under the direction of the Minister or Assistant Deputy Minister for the purposes of a referendum; (président d’élection)

mail-in ballot

mail-in ballot means a ballot delivered or mailed in accordance with subsection 5.1(1); (bulletin de vote postal)

Minister

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

prescribed

prescribed[Repealed, SOR/2000-392, s. 2]

proclamation

proclamation[Revoked, SOR/94-369, s. 4]

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 a referendum, means a reserve of the band that is holding the referendum; (réserve)

surrender

surrender[Revoked, SOR/94-369, s. 4]

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,

  • (c) a statement that the elector has read and understood the information package regarding the proposed designation or surrender and has voted freely and without compulsion, and

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

  • SOR/94-369, s. 4;
  • SOR/2000-392, s. 2.

Holding of Referendum

  •  (1) The Minister may, at the request of the council of a band or whenever the Minister considers it advisable, order that a referendum be held under subparagraph 39(1)(b)(iii), subsection 39(2) or section 39.1 of the Act.

  • (2) and (3) [Repealed, SOR/2000-392, s. 3]

  • SOR/94-369, s. 4;
  • SOR/2000-392, s. 3;
  • SOR/2013-21, s. 2.

Voters List

  •  (1) At least 49 days before the day on which a referendum is to be held

    • (a) where the band holding the referendum 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 referendum 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) the names of all electors, in alphabetical order; and

    • (b) 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 person may demonstrate

    • (a) 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 is on the Band List, is at least 18 years of age and is qualified to vote at band elections; and

    • (b) 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 is not on the Band List, is not at least 18 years of age or is not qualified to vote at band elections.

  • SOR/2000-392, s. 4.

Addresses of Electors

 At least 49 days before the day on which a referendum 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.

  • SOR/2000-392, s. 4.

Notification of Referendum

  •  (1) At least 14 days before the day on which an information meeting for a referendum is to be held and at least 42 days before the day of the referendum, the electoral officer or deputy electoral officer shall

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

    • (b) mail or deliver to every elector of the band who does not reside on the reserve and for whom an address has been provided

      • (i) a notice of the referendum,

      • (ii) a mail-in ballot, initialled on the back by the electoral officer,

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

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

      • (v) a voter declaration form,

      • (vi) a letter of instruction regarding voting by mail-in ballot, and

      • (vii) an information package regarding the designation or surrender that is the subject of the referendum.

  • (2) A notice of a referendum shall state

    • (a) the question to be submitted to the electors;

    • (b) the date on which the referendum will be held;

    • (c) the location of each polling station and the hours that it will be open for voting;

    • (d) that electors may vote either in person at a polling station in accordance with subsection 9(3) or by mail-in ballot;

    • (e) the name and telephone number of the electoral officer; and

    • (f) the date, time and location of the information meeting.

  • (3) At the request of an elector who resides on the reserve, the electoral officer shall provide the elector with the material referred to in subsection (1)(b).

  • (4) 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, delivered or otherwise provided, and keep a record of the date on which, and the addresses to which, each mail-in ballot was mailed or delivered.

  • (5) An elector to whom a mail-in ballot was mailed, delivered or provided under subsection (1) or (3) is not entitled to vote in person at a polling station other than in accordance with subsection 9(3).

  • SOR/2000-392, s. 4.
 
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