Indian Bands Council Method of Election Regulations (SOR/90-46)

Regulations are current to 2017-11-20 and last amended on 2016-09-30. Previous Versions

Indian Bands Council Method of Election Regulations

SOR/90-46

INDIAN ACT

Registration 1989-12-27

Regulations Providing for the Method of Electing the Chief and Councillors of Certain Indian Bands and the Division of Certain Reserves Into Electoral Sections

P.C. 1989-2523 1989-12-21

Whereas the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act, declared by the Indian Bands Council Election Order made on December 14, 1989Footnote * that the council of each of the bands set out in the schedules to the Regulations in Part II of the schedule hereto shall, after December 14, 1989, be selected by elections to be held in accordance with the Act;

And Whereas the Governor in Council considers it appropriate to revoke all previous orders and regulations made pursuant to subsection 74(3) or (4) of the Indian Act and to make a single regulation in substitution therefor;

And Whereas, pursuant to subsection 74(4) of the Indian Act, a majority of the electors of each of the bands set out in Schedule III to the Regulations in Part II of the schedule hereto, who were present and voted at a referendum or a special meeting held and called for the purpose, have decided that the reserve of each of those bands should for voting purposes be divided into electoral sections and the Minister of Indian Affairs and Northern Development so recommends;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsections 74(3) and (4) of the Indian Act, is pleased hereby to

  • (a) revoke all orders and regulations made pursuant to subsection 74(3) or (4) of the Indian Act including the orders listed in Part I of the schedule hereto; and [For Part I, see Canada Gazette Part II, Vol. 124, No. 2, p. 244.]

  • (b) make, in substitution therefor, the regulations providing for the method of electing the chief and councillors of certain Indian Bands and the division of certain reserves into electoral sections in Part II of the schedule hereto.

Short Title

 These Regulations may be cited as the Indian Bands Council Method of Election Regulations.

Method of Election

 The chief and the councillors of each band set out in Schedule I to the Indian Bands Council Elections Order shall be elected by a majority of the votes of the electors of the band.

  • SOR/97-134, s. 1.

 The councillors of each band set out in Schedule II to the Indian Bands Council Elections Order shall be elected by a majority of the votes of the electors of the band and the chief of each of those bands shall be elected by a majority of the votes of the elected councillors of the band from among themselves.

  • SOR/97-134, s. 1.

 The reserve of each band set out in Column I of an item of Schedule III shall, for voting purposes, be divided into the number of electoral sections set out in Column II of that item and those sections shall be distinguished and identified in accordance with the number and description in Column III of that item.

 The chief of each band set out in Schedule III to the Indian Bands Council Elections Order shall be elected by a majority of the votes of the electors of the band, and the councillors of each of those bands shall be elected by a majority of the votes of the electors of the band in the electoral section in which the candidate resides and that the candidate proposes to represent on the council of the band.

  • SOR/97-134, s. 2.

SCHEDULES I AND II

[Repealed, SOR/97-134, s. 3]

SCHEDULE III(Section 4)Bands Whose Chief Is Elected by the Electors and Whose Councillors Are Elected by the Electors in Electoral Sections

PART I

British Columbia

Column IColumn IIColumn III
ItemBandNumber of Electoral SectionsElectoral Section Number and Description
1[Repealed, SOR/2016-259, s. 1]

PART II[Repealed, SOR/97-134, s. 5]

PART III

Ontario

Column IColumn IIColumn III
ItemBandNumber of Electoral SectionsElectoral Section Number and Description
1Lac Seul4
  • 1 Settlement of Frenchmans Head

  • 2 Settlement of Kejick Bay

  • 3 Settlement of Whitefish Bay

  • 4 Settlement of Canoe River

2[Repealed, SOR/97-134, s. 6]

PART IV[Repealed, SOR/2004-187, s. 2]

  • SOR/92-366, ss. 7, 8;
  • SOR/97-134, ss. 4 to 6;
  • SOR/2004-187, s. 2;
  • SOR/2011-289, s. 1;
  • SOR/2016-259, s. 1.
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