Specific Agreement Confirmation Regulations (SOR/92-677)

Short Title

1 These Regulations may be cited as the Specific Agreement Confirmation Regulations.

Interpretation

2 In these Regulations,

Assistant Deputy Minister

Assistant Deputy Minister means the Assistant Deputy Minister, Lands, Revenues and Trusts, of the Department of Indian Affairs and Northern Development; (sous-ministre adjoint)

band

band means a band in respect of which a referendum is to be held; (bande)

deputy presiding officer

deputy presiding officer means a person appointed by the presiding officer pursuant to paragraph 9(1)(a); (président du scrutin)

Minister

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

peace officer

peace officer means a sheriff, deputy sheriff, sheriff’s officer, police officer, police constable or any other person who is employed for the preservation and maintenance of the public peace; (agent de la paix)

presiding officer

presiding officer means a presiding officer appointed pursuant to subsection 4(1); (président d’élection)

referendum

referendum means a referendum held under section 10 of the schedule to the Indian Lands Agreement (1986) Act to confirm a specific agreement. (référendum)

Secret Ballot

3 A referendum shall be conducted by secret ballot.

Appointment of Presiding Officer

• 4 (1) Where a band proposes to confirm a specific agreement by referendum, the council of the band shall, within 15 days after the band enters into the specific agreement, appoint a presiding officer and inform the Minister of the date on which the referendum is to be held and the name of the presiding officer.

• (2) On receipt of the information referred to in subsection (1), the Minister may designate an official of the Department of Indian Affairs and Northern Development to be an observer at the referendum and shall inform the council of the band of the name of any official so designated.

Eligible Voters

5 Every person is an eligible voter and entitled to vote at a referendum who

• (a) is a member of the band;

• (b) is at least 18 years of age; and

• (c) is not disqualified from voting at band elections.

Notice of Referendum

• 6 (1) The presiding officer shall post a notice of the referendum, at least 30 days before the date of the referendum, in at least two public places where the notice is likely to come to the attention of the members of the band.

• (2) The notice referred to in subsection (1) shall set out

  • (a) the time and date of the referendum;

  • (b) the question to be submitted to the voters; and

  • (c) the location of the polling stations.

• (3) A copy of the specific agreement that is the subject of the referendum shall be attached to the notice referred to in subsection (1).

Voters’ List

7 At least 15 days before the date of the referendum, the presiding officer shall

• (a) prepare a list, in alphabetical order, of every eligible voter that indicates the polling station where each person is to vote; and

• (b) post a copy of the list of eligible voters in at least two public places where the list is likely to come to the attention of the members of the band.

• 8 (1) An eligible voter may apply to the presiding officer within 10 days after the posting of the list of voters to have the list revised on the ground that

  • (a) the name of an eligible voter has been omitted;

  • (b) the name of an eligible voter has been incorrectly set out; or

  • (c) the name of a person not entitled to vote has been included.

• (2) Where the presiding officer is satisfied that a revision is necessary to the list of eligible voters, the presiding officer shall revise the list accordingly.

Duties of Presiding Officer

• 9 (1) Before the referendum, the presiding officer shall

  • (a) appoint a deputy presiding officer for each polling station to exercise the powers and perform the duties of the presiding officer under sections 10 to 18, subsection 19(1), and sections 21 and 23;

  • (b) prepare a sufficient number of ballots that indicate the question to be submitted to the voters;

  • (c) procure a ballot box and an adequate supply of lead pencils for marking the ballots for each polling station;

  • (d) before a polling station opens, deliver a ballot box, ballots and pencils to the deputy presiding officer at that polling station; and

  • (e) provide at least one polling booth for each polling station where a voter can mark a ballot free from observation.

• (2) The appointment of deputy presiding officers pursuant to paragraph (1)(a) shall be approved by the council of the band.

10 Immediately before a polling station is opened, the presiding officer shall

• (a) open the ballot box in the presence of witnesses and ask every person who is present to witness that it is empty;

• (b) lock and seal the ballot box; and

• (c) place the ballot box in public view for the reception of ballots.

11 Where a person arrives at a polling station for the purpose of voting and the presiding officer is satisfied that the person’s name is included on the list of eligible voters, the presiding officer shall

• (a) initial the back of a ballot in such a manner that, when the ballot is folded, the initials can be seen without unfolding the ballot;

• (b) give the ballot to that person; and

• (c) place a mark opposite the name of that person on the list of voters.

12 At the request of a voter at a polling station, the presiding officer shall explain to the voter how to vote.

13 Subject to section 16, the presiding officer shall not allow more than one voter at a time in a polling booth.

Use of Interpreters

14 Where the presiding officer does not understand the language spoken by a voter, the presiding officer shall appoint an interpreter to communicate to the voter all matters necessary to enable the voter to vote.

Responsibilities of Voter

15 A person who receives a ballot pursuant to section 11 shall

• (a) go immediately to a polling booth;

• (b) place a mark on the ballot beside the word “YES” or “NO” opposite the question stated on the ballot;

• (c) fold the ballot in a manner that conceals the person’s mark but exposes the initials on the back of the ballot; and

• (d) immediately deliver the ballot to the presiding officer for deposit in the ballot box.

Assistance to Special Voters

• 16 (1) At the request of a voter who is not able to read or who is incapacitated by blindness or other physical cause, the presiding officer shall

  • (a) assist the voter by marking the ballot in the manner directed by the voter and placing the ballot in the ballot box; or

  • (b) if it is practicable and helpful to do so, provide a template for the use of the voter.

• (2) Where, pursuant to subsection (1), the presiding officer marks a ballot, the officer shall indicate on the list of voters, opposite the name of the voter, that the ballot was marked by the officer at the request of the voter, and the reasons therefor.

Soiled or Spoiled Ballots

17 Where a voter receives a soiled or improperly printed ballot or inadvertently spoils a ballot in marking it, the voter is entitled to another ballot if the voter returns the original ballot to the presiding officer.

Forfeit of Right to Vote

18 Where a voter who receives a ballot refuses to vote or leaves the polling booth without returning the ballot to the presiding officer, the voter forfeits the right to vote and the presiding officer shall indicate on the list of voters opposite the name of that voter that the voter did not return the ballot or refused to vote, as the case may be.

Hours for Voting

• 19 (1) Subject to subsection (2), the presiding officer shall keep each polling station open from 9:00 a.m. until 6:00 p.m. on the day set for voting.

• (2) Where the presiding officer is satisfied, after consulting with the chief or a member of the council of the band, that it would be inconvenient to the voters to close the polling stations at 6:00 p.m., the presiding officer or deputy presiding officer may keep them open for up to two additional hours.

20 A voter who is inside a polling station at the time fixed for closing the polling station is entitled to vote before the polling station is closed.

Examination and Counting of Ballots

21 Immediately after the closing of a polling station, the presiding officer shall examine the ballots in the presence of any members of the council of the band who are present and shall

• (a) reject any ballot that was not supplied by the presiding officer and any ballot that does not clearly indicate the decision of the voter; and

• (b) of the ballots that have not been rejected, count the number of votes that were in favour of and the number of votes that were against the specific agreement.

• 22 (1) The presiding officer shall collect the ballots used in the voting, place them in a sealed envelope and keep them for 60 days.

• (2) After the 60 days referred to in subsection (1), the presiding officer shall destroy the ballots in the presence of two witnesses unless the Assistant Deputy Minister directs the officer not to destroy them.

Maintaining Peace and Order

23 The presiding officer shall maintain peace and good order during the voting and for that purpose may enlist the assistance of peace officers.

Report on Referendum

• 24 (1) When the presiding officer knows the results of the voting at all of the polling stations, the presiding officer shall immediately prepare a report that sets out

  • (a) the date on which the referendum was held;

  • (b) the number of eligible voters;

  • (c) the number of eligible voters who voted;

  • (d) the number of votes in favour of the specific agreement;

  • (e) the number of votes against the specific agreement; and

  • (f) the number of rejected ballots.

• (2) The report shall be prepared in triplicate and be signed by the presiding officer and by the chief or a member of the council of the band.

• (3) The presiding officer shall submit a copy of the report to the chief or a member of the council of the band and to the Assistant Deputy Minister.

25 Within seven days after a referendum is held, an observer designated under subsection 4(2) shall submit a written report to the Minister that sets out the information referred to in paragraphs 24(1)(a) to (f).

26 The Assistant Deputy Minister shall inform the Attorney General of Ontario of the results of the vote within 15 days after receipt of the report referred to in section 24.

Approval Requirement for Confirmation

27 Where a majority of all eligible voters of a band vote in a referendum, a specific agreement is confirmed if a majority of those who vote assent to it.

Subsequent Referendum

• 28 (1) Where a majority of all eligible voters of a band did not vote in a referendum, the council of the band may, if the proposed specific agreement was assented to by a majority of those who voted, call another referendum to be held in accordance with these Regulations.

• (2) Where under a referendum that is called under subsection (1) the proposed specific agreement is assented to by a majority of those who vote, the specific agreement is confirmed.

Appeal

• 29 (1) Any person who voted at a referendum may file an appeal if that person believes on reasonable grounds that

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

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

• (2) An appeal under subsection (1) shall be filed by sending by registered mail to the Assistant Deputy Minister, within seven days after the date of the referendum, a notice of appeal stating the grounds and particulars of the appeal.

• 30 (1) Not later than 21 days after receipt of a notice of appeal, the Assistant Deputy Minister shall send a copy of the notice of appeal by registered mail to the presiding officer.

• (2) Not later than 10 days after receipt of a copy of a notice of appeal, the presiding officer shall send to the Assistant Deputy Minister by registered mail a statutory declaration that contains an answer to the particulars stated in the notice of appeal.

• (3) On receipt of the declaration provided by the presiding officer pursuant to subsection (2), the Assistant Deputy Minister shall forward the notice of appeal and the declaration to the Minister.

31 The Minister may, if the material filed under subsections 29(2) and 30(2) is not sufficient to decide the validity of the grounds of appeal, conduct a further investigation.

• 32 (1) Where the Minister is satisfied that the grounds for an appeal are established and that the result of the referendum was thereby affected, the Minister shall allow the appeal, direct that another referendum be conducted, and notify the council of the band of the decision.

• (2) Where the Minister is of the opinion that the grounds for an appeal are not established or did not affect the results of the referendum, the Minister shall dismiss the appeal and notify the council of the band of the decision.

Forms

33 The Minister may prescribe such forms as are required for the purposes of these Regulations.