Marginal note:Removing a participating First Nation from the schedule

• 42 (1) If a participating First Nation’s council has provided to the Minister a proposed community election code and a resolution requesting that the name of that First Nation be removed from the schedule, the Minister may, by order, remove the name from the schedule if

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  • (b) the code and the request were approved by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated;

  • (c) the code has been published by that First Nation on a website maintained by or for it or in the First Nations Gazette; and

  • (d) there are no outstanding charges under this Act against any member of that First Nation.

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• Marginal note:Amendments

  (3) Amendments to the community election code come into force on the day on which they are published by the First Nation on a website maintained by or for it or in the First Nations Gazette.

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• Meaning of community election code

  (5) In this section, community election code means a written code that sets out rules regarding the election of the chief and councillors of a First Nation.

Marginal note:Order

• 3 (1) The Minister may, by order, add the name of a First Nation to the schedule if

  • (a) that First Nation’s council has provided to the Minister a resolution requesting that the First Nation be added to the schedule;

  • (b) the Minister is satisfied that a protracted leadership dispute has significantly compromised governance of that First Nation; or

  • (c) the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election.

• Marginal note:Contents of the order

  (2) The order must specify the date of the first election for the First Nation in respect of which the order is made.

• Marginal note:Effect of order on term of office

  (3) The chief and councillors of a First Nation in respect of which an order is made who hold office on the day on which the order is made continue to hold office until the day of the first election and cease to hold office on that day.

Marginal note:First election

5 The date of a first election must not be later than,

• (a) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(a),

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  • (ii) if that First Nation’s council has requested in their resolution the establishment of a common election date with five or more other First Nations whose councils have made a similar request, one year after the earliest day on which, but for the order, the term of office of the chief and councillors of any one of those First Nations would have expired; and

• (b) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(b) or (c), six months after the day on which the order is made.

41 The Governor in Council may make regulations with respect to elections, including regulations respecting

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• (c) the manner of identifying electors of a participating First Nation;

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• (e) the imposition, by participating First Nations, of a fee on each candidate in accordance with section 11;

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• (g) the removal from office of a chief or councillor of a participating First Nation by means of a petition, including

  • (i) the percentage of electors of that First Nation who must sign that petition, and