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

Regulations are current to 2017-10-13 and last amended on 2013-03-01. Previous Versions

Counting of Votes

 As soon as is practicable after the close of the polls, the electoral officer shall, in the presence of the deputy electoral officer and any members of the council of the band 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) set aside 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) 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.

  • SOR/2000-392, s. 11.
  •  (1) As soon as is practicable after the mail-in ballots have been deposited under section 17.1, the electoral officer shall, in the presence of the deputy electoral officer and any members of the council of the band who are present, open all ballot boxes and

    • (a) examine the ballot papers;

    • (a.1) set aside any ballot that does not have the initials of the electoral officer or deputy electoral officer on the back;

    • (b) reject all ballot papers

      • (i) [Repealed, SOR/2000-392, s. 12]

      • (ii) that have been marked incorrectly, or

      • (iii) upon which anything appears by which an elector can be identified;

    • (c) count the votes given in favour of and against the question submitted in the referendum; and

    • (d) prepare a statement in writing of the number of votes so given and of the number of ballot papers rejected.

  • (2) The statement referred to in paragraph (1)(d) shall be

    • (a) signed by the electoral officer and by the chief or a member of the council of the band; and

    • (b) filed in the local office of the Department of Indian Affairs and Northern Development.

  • SOR/94-369, s. 4;
  • SOR/2000-392, s. 12.

 A ballot set aside under paragraph 17.1(a) or 18(1)(a.1) is void and shall not be counted as a vote cast.

  • SOR/2000-392, s. 13.

 As soon as is practicable after the results of the voting are known, the electoral officer shall

  • (a) prepare a statement in triplicate, signed by the electoral officer and by the chief or a councillor of the band, that indicates

    • (i) the number of electors who were entitled to vote,

    • (ii) the number of electors who voted,

    • (iii) the number of votes cast in favour of and against the question submitted in the referendum, and

    • (iv) the number of rejected ballots; and

  • (b) deliver a copy of the statement to

    • (i) the Assistant Deputy Minister,

    • (ii) the person in charge of the regional office of the Department of Indian Affairs and Northern Development, and

    • (iii) the chief of the band.

  • SOR/94-369, s. 4;
  • SOR/2000-392, s. 14.
  •  (1) The electoral officer shall deposit the ballots used in the voting in a sealed envelope and retain them.

  • (2) If no review has been requested within 60 days after the referendum, the electoral officer shall destroy the ballots used in the voting.

  • SOR/2000-392, s. 15.

Second Referenda

 Notwithstanding sections 4.2 and 4.3, in respect of a referendum held under subsection 39(2) of the Act,

  • (a) the notice of the referendum shall be posted, and the material referred to in paragraph 4.2(1)(b) shall be mailed or delivered, in the manner set out in subsection 4.2(1), at least 35 days before the day on which the referendum is to be held;

  • (b) the notice of the referendum is not required to set out the date, time or location of an information meeting;

  • (c) in lieu of an information package referred to in subparagraph 4.2(1)(b)(vii), any elector to whom an information package was sent in respect of the previous referendum shall be sent

    • (i) a statement referring him or her to that information package, and

    • (ii) instructions on how to obtain an additional information package, if he or she requires one; and

  • (d) an information meeting is not required to be held.

  • SOR/2000-392, s. 15.

Review Procedure

  •  (1) An elector may, in the manner set out in subsection (2), request a review of the referendum by the Minister where the elector believes that

    • (a) there was a contravention of these Regulations that may affect the results of the referendum; or

    • (b) there was corrupt practice in connection with the referendum.

  • (2) A request for a review of a referendum shall be made by forwarding the request to the Minister, by registered mail addressed to the Assistant Deputy Minister, within seven days after the day of the referendum, accompanied by a declaration, containing the grounds for requesting the review and any other relevant information, signed in the presence of a witness who is at least 18 years of age.

  • (3) Within 21 days after the receipt of a request for a review of a referendum, the Minister shall mail a copy of the request to the electoral officer who conducted the referendum.

  • (4) Within 10 days after the receipt of a request under subsection (3), the electoral officer shall forward to the Minister, by registered mail addressed to the Assistant Deputy Minister, a declaration responding to the grounds stated in the request, signed in the presence of a witness who is at least 18 years of age.

  • SOR/2000-392, s. 15.
  •  (1) If the material referred to in section 22 or any other information in the Minister’s possession is sufficient to call into question the validity of a referendum held under subparagraph 39(1)(b)(iii) or subsection 39(2) of the Act, the Minister shall advise the Governor in Council accordingly.

  • (2) The Minister shall take into account any material provided under section 22 in relation to a referendum held under section 39.1 of the Act when deciding whether to accept the designation.

  • SOR/2000-392, s. 15;
  • SOR/2013-21, s. 3.

 [Repealed, SOR/2000-392, s. 15]

 
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